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SIXTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, March 19, 2003
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present. The Sergeant at Arms Color Guard, consisting of Pages Joseph Grable and Matthew Baker, presented the Colors. Dr. Bill Robinson, President of Whitworth College, and a guest of Senator West, offered the prayer.
MOTION
On motion of Senator Sheahan, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 17, 2003
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1418,
ENGROSSED HOUSE BILL NO. 1427,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1754,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1803,
HOUSE BILL NO. 2018,
SUBSTITUTE HOUSE BILL NO. 2019,
SUBSTITUTE HOUSE BILL NO. 2033,
HOUSE BILL NO. 2065,
ENGROSSED HOUSE BILL NO. 2146,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2195, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 17, 2003
MR. PRESIDENT:
The House has passed the following bills:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1933, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 17, 2003
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1204,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1638,
SUBSTITUTE HOUSE BILL NO. 1809,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1827,
SUBSTITUTE HOUSE BILL NO. 1838,
SECOND SUBSTITUTE HOUSE BILL NO. 1841,
SUBSTITUTE HOUSE BILL NO. 1879,
SECOND SUBSTITUTE HOUSE BILL NO. 1896,
HOUSE BILL NO. 1905,
SUBSTITUTE HOUSE BILL NO. 1930,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1936,
HOUSE BILL NO. 2004,
SECOND SUBSTITUTE HOUSE BILL NO. 2012,
SUBSTITUTE HOUSE BILL NO. 2036,
SUBSTITUTE HOUSE BILL NO. 2040,
HOUSE BILL NO. 2041,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2056,
HOUSE BILL NO. 2072,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2089,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2112,
ENGROSSED HOUSE BILL NO. 2140,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2147,
HOUSE BILL NO. 2150,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2151,
SUBSTITUTE HOUSE BILL NO. 2184,
HOUSE JOINT MEMORIAL NO. 4014,
HOUSE JOINT RESOLUTION NO. 4204, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MESSAGE FROM THE HOUSE
March 18, 2003
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5403. The Speaker has appointed the following members as conferees: Representatives Sommers, Fromhold and Sehlin.
CINDY ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING
SCR 8407 by Senators Jacobsen and Carlson
Creating a joint select committee to evaluate transfer of credit between four-year institutions of higher education.
Referred to Committee on Higher Education.
SCR 8408 by Senators Jacobsen and Carlson
Creating a joint select committee concerning Latino accessibility to higher education.
Referred to Committee on Higher Education.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
SHB 1204 by House Committee on Appropriations (originally sponsored by Representatives Fromhold, Delvin, Conway, Alexander, Pflug, Anderson, Cooper and Chase) (by request of Joint Committee on Pension Policy)
Creating the select committee on pension policy.
Referred to Committee on Ways and Means.
E2SHB 1418 by House Committee on Appropriations (originally sponsored by Representatives Quall, Schoesler, Blake, Sump, Morris, Grant, Hatfield, Sehlin, Bailey and Linville)
Regarding construction projects in state waters.
Referred to Committee on Agriculture.
EHB 1427 by Representatives Lantz, Delvin, O'Brien, Boldt, Blake, Hankins, Fromhold, Cody, Pearson, Mastin, Hunt, Roach, Moeller, Kagi, Benson, Rockefeller, McMahan and McDonald
Allowing confessions and other admissions to be admitted into evidence if substantial independent evidence establishes the trustworthiness of the statement.
Referred to Committee on Judiciary.
E2SHB 1638 by House Committee on Appropriations (originally sponsored by Representatives Schual-Berke, Darneille, Conway, Hankins, McIntire, Pflug, Kenney, Kessler, Moeller, Edwards, Simpson, Morrell, Skinner, Upthegrove, Rockefeller and Wood)
Concerning hepatitis C.
Referred to Committee on Health and Long-Term Care.
ESHB 1754 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Eickmeyer, Schoesler, Sump, Hunt, Grant, Pettigrew, Haigh, McDermott, Blake, Quall, Rockefeller and Romero)
Concerning the slaughter, preparation, and sale of certain poultry.
Referred to Committee on Agriculture.
ESHB 1769 by House Committee on Local Government (originally sponsored by Representatives Romero, Cooper, Dunshee, Linville and Edwards) (by request of Governor Locke)
Establishing a schedule of time limits under which local governments must develop or amend shoreline master plans.
Referred to Committee on Land Use and Planning.
ESHB 1803 by House Committee on Agriculture and Natural Resources (originally sponsored by Representatives Linville, Rockefeller, Anderson, Delvin, McDermott, McIntire, Woods and Simpson) (by request of Commissioner of Public Lands Sutherland)
Studying the creation of the legacy trust proposal.
Referred to Committee on Parks, Fish and Wildlife.
SHB 1809 by House Committee on State Government (originally sponsored by Representatives Murray, Hankins, Grant, Mastin, McDermott, Jarrett, Linville, Upthegrove, Quall, Moeller, Tom, Kessler, Lovick, Hunter, Schual-Berke, Ruderman, Dickerson, Santos, Hudgins, Haigh, Hunt, Pettigrew, Rockefeller, Simpson, Cody and Kenney) (by request of Governor Locke)
Expanding the jurisdiction of the human rights commission.
Referred to Committee on Judiciary.
ESHB 1827 by House Committee on Health Care (originally sponsored by Representatives Moeller, Skinner, Fromhold, Schoesler, Romero, Sullivan, Hankins, Hunt, Morrell, Delvin, Cox, Kenney, Hinkle, Linville, Wood, Cody, Dunshee, Schual-Berke, Sehlin and Simpson)
Requiring information on meningitis immunization for college students.
Referred to Committee on Health and Long-Term Care.
SHB 1838 by House Committee on Children and Family Services (originally sponsored by Representatives Dickerson, Romero, Kenney, Kagi, Moeller, Chase and Santos)
Providing access to a telephonic reading service for blind or visually handicapped persons in the state of Washington.
Referred to Committee on Government Operations and Elections.
2SHB 1841 by House Committee on Appropriations (originally sponsored by Representatives Kagi, Boldt, O'Brien, McIntire, Hunt, Schual-Berke, Shabro, Cooper, Linville, Pettigrew, Upthegrove, Moeller, Darneille, Miloscia, Dickerson, Clements, Armstrong, Orcutt, Fromhold, Delvin, Roach, Kenney, Haigh, Lovick, Chase, Santos and Hudgins)
Establishing funding criteria for prevention and early intervention services.
Referred to Committee on Children and Family Services and Corrections.
SHB 1879 by House Committee on Finance (originally sponsored by Representatives Gombosky and Cairnes)
Simplifying the concurrent taxing jurisdictions of the tribal municipalities and the state.
Referred to Committee on Ways and Means.
2SHB 1896 by House Committee on Appropriations (originally sponsored by Representatives Quall, Cox, Hunter and Anderson) (by request of Superintendent of Public Instruction Bergeson)
Adding powers and duties for the superintendent of public instruction.
Referred to Committee on Education.
HB 1905 by Representatives Gombosky, Buck, Lantz, Tom, Pettigrew, Rockefeller, Skinner, Fromhold, Benson, Kagi, Kessler, Clibborn, Nixon, Kenney, Moeller, Conway, Hudgins, Santos and McDermott
Providing a limited property tax exemption for the use of facilities by artistic, scientific, and historical organizations.
Referred to Committee on Ways and Means.
SHB 1930 by House Committee on Finance (originally sponsored by Representatives Morris, Cairnes, Gombosky and Ericksen)
Enacting procedural enhancements to the master settlement agreement.
Referred to Committee on Commerce and Trade.
ESHB 1933 by House Committee on Local Government (originally sponsored by Representatives Berkey, Kessler, Cairnes, Buck, Sullivan, Orcutt, Hatfield, Jarrett, Miloscia, Gombosky, Grant, DeBolt, Quall, Woods, Schoesler, Conway, Lovick, Clibborn, Edwards, Schindler, McCoy, Eickmeyer and Alexander)
Declaring shoreline management act legislative intent.
Referred to Committee on Land Use and Planning.
ESHB 1936 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Carrell, McCoy, O'Brien and Lovick)
Providing for a study on tribal law enforcement.
Referred to Committee on Judiciary.
HB 2004 by Representatives Hudgins, Veloria and Upthegrove
Describing the route of SR 99.
Referred to Committee on Highways and Transportation.
2SHB 2012 by House Committee on Appropriations (originally sponsored by Representatives Fromhold, Cox, Kenney, Hunter, Quall, Moeller, Chase and Santos)
Creating a special services pilot program.
Referred to Committee on Education.
HB 2018 by Representatives Cody, Morrell, Santos, Darneille and Edwards
Concerning eligibility requirements for the Washington state health insurance pool.
Referred to Committee on Health and Long-Term Care.
SHB 2019 by House Committee on Health Care (originally sponsored by Representatives Cody, Morrell, Edwards, Santos and Dickerson)
Revising provisions for nonsubsidized basic health plan coverage.
Referred to Committee on Health and Long-Term Care.
SHB 2033 by House Committee on Transportation (originally sponsored by Representatives Shabro, Conway, Priest, McDonald, Tom, Darneille, McMahan, Flannigan, Carrell, Campbell, Lantz, Talcott, Roach, Bailey, Kirby and Kristiansen)
Requiring regional transportation investment district tax revenue to be allocated proportionally among member counties.
Referred to Committee on Highways and Transportation.
SHB 2036 by House Committee on Finance (originally sponsored by Representatives Buck, McCoy and Clements)
Authorizing additional tribes to enter into cigarette tax contracts with the governor.
Referred to Committee on Commerce and Trade.
SHB 2040 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Santos and Benson) (by request of Insurance Commissioner Kreidler)
Establishing liability for taxes on unlawful or delinquent insurers or taxpayers.
Referred to Committee on Financial Services, Insurance and Housing.
HB 2041 by Representatives Kenney, Boldt, Lantz, Clements, McCoy, Fromhold, Berkey, Morrell and Kagi
Clarifying the work study aspect of "work activity" under the TANF program.
Referred to Committee on Children and Family Services and Corrections.
ESHB 2056 by House Committee on State Government (originally sponsored by Representatives Haigh, Armstrong and Miloscia)
Modifying public works bidding provisions.
Referred to Committee on Government Operations and Elections.
HB 2065 by Representatives Simpson and Edwards
Facilitating license plate technology advances.
Referred to Committee on Highways and Transportation.
HB 2072 by Representatives Hankins, Murray, Woods, Grant, Schoesler, Clements and Newhouse
Creating the Produce Railcar Pool.
Referred to Committee on Highways and Transportation.
ESHB 2089 by House Committee on Higher Education (originally sponsored by Representatives McCoy, Wallace, Morrell, Kenney and Miloscia)
Changing veterans' tuition waiver provisions.
Referred to Committee on Higher Education.
ESHB 2112 by House Committee on State Government (originally sponsored by Representatives Haigh, Miloscia, Eickmeyer and Edwards)
Reviewing public works projects that use the general contractor/construction manager procedure authorized in chapter 39.10 RCW.
Referred to Committee on Government Operations and Elections.
EHB 2140 by Representatives Grant and Linville
Reaffirming the role of the state conservation commission.
Referred to Committee on Agriculture.
EHB 2146 by Representatives Tom, Sullivan and Eickmeyer
Providing tax incentives for wood biomass fuel production, distribution, and sale.
Referred to Committee on Natural Resources, Energy and Water.
ESHB 2147 by House Committee on Education (originally sponsored by Representatives McDermott, Upthegrove, Cox, Quall and Rockefeller)
Protecting preschool and elementary school students assisting in school kitchens.
Referred to Committee on Education.
HB 2150 by Representatives Lantz, Darneille and Sehlin
Modifying the administration of civil legal services.
Referred to Committee on Judiciary.
ESHB 2151 by House Committee on Capital Budget (originally sponsored by Representatives Alexander, Dunshee, Sommers, Cox and Sehlin)
Prioritizing proposed higher education capital projects.
Referred to Committee on Ways and Means.
SHB 2184 by House Committee on Capital Budget (originally sponsored by Representatives McIntire, Cox, Dunshee, Kenney and Alexander)
Providing for uniform and comprehensive facility inventory and condition data.
Referred to Committee on Ways and Means.
ESHB 2195 by House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Tom and Haigh)
Regarding state assessment standards.
Referred to Committee on Education.
HJM 4014 by Representatives Woods, Miloscia, Priest, Hankins, Shabro, Rockefeller, Sehlin, Lovick, Bailey, Holmquist, Ericksen, Tom, Schindler, Clements, Morris, Anderson, Sullivan, Dickerson, Wood, Murray, Ruderman, Kirby, Kenney, Haigh, Kagi, Schual-Berke, Linville, Moeller, Chase, Romero, Simpson, Quall, Conway, Santos, Upthegrove, Darneille, Veloria, Pearson, Alexander, Skinner and Talcott
Naming the "Maryann Mitchell Memorial Interchange."
Referred to Committee on Highways and Transportation.
HJR 4204 by Representatives Haigh, Armstrong, Hunter, Hunt, Tom, McDermott, Wallace, Rockefeller, Fromhold, Eickmeyer, Miloscia, Talcott, Lantz, Schual-Berke, Ruderman, Pettigrew, Wood, Upthegrove, Hudgins, Morrell, Simpson, Darneille and Chase
Amending the Constitution to provide for a simple majority of voters voting to authorize a school levy.
Referred to Committee on Education.
MOTIONS
On motion of Senator Sheahan, Engrossed Substitute House Bill No. 1803 was referred to the Committee on Parks, Fish and Wildlife.
On motion of Senator Sheahan, Substitute House Bill No. 1930 was referred to the Committee on Commerce and Trade.
MOTION
On motion of Senator Sheahan, Senate Rule 20 was suspended for the remainder of the day.
EDITOR'S NOTE: Senate Rule 20 states: ‘ The senate shall consider no more than one floor resolution per day in session.’
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 8638
By Senators West and Brown
WHEREAS, The Senate adopted permanent rules for the 2003-05 biennium under Engrossed Senate Floor Resolution 8601;
WHEREAS, Pursuant to Senate Rule 35, the Senate has received one day's notice from Senator West of his intent to move adoption of amendments to Senate Rule 1 and Senate Rule 7 in the manner set forth below; and
WHEREAS, The Senate desires to preserve decorum and the integrity of the Senate, allowing consideration of issues and debate to take place in a respectful manner in which all members and the public can participate without interruption or distraction;
NOW, THEREFORE, BE IT RESOLVED, That Rule 1 as set forth in Engrossed Senate Floor Resolution 8601 is amended as follows:
"2. The president shall preserve order and decorum, and in case of any disturbance, or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber. The use of cellular or digital telephones is prohibited within the Senate Chamber during floor session and within a hearing room during a committee hearing, and this prohibition shall be enforced in the same manner as any other breach of order and decorum."
NOW, THEREFORE, BE IT RESOLVED, That Rule 7 as set forth in Engrossed Senate Floor Resolution 8601 is amended as follows:
"Rule 7. 1. Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time. The use of cellular or digital telephones is prohibited within the Senate Chamber during floor session and within a hearing room during a committee hearing."
Senators West and Brown spoke to Senate Resolution 8638.
MOTION
On motion of Senator Hargrove, the following resolution was adopted:
SENATE RESOLUTION 8646
By Senators Hargrove, Stevens, Roach, Carlson, Haugen, Mulliken, Franklin, Parlette, Regala, Kastama, Thibaudeau, McAuliffe, Fraser, Fairley, Spanel, Kohl-Welles and Rasmussen
WHEREAS, The state of Washington lost a tireless advocate for children and families with the death of Rosalyn "Rosie" Oreskovich on February 28, 2003; and
WHEREAS, Rosie earned degrees from the University of Montana and the University of Washington; and
WHEREAS, Rosie began her career with the Department of Social and Health Services in 1976 as an "after-hours" social worker and advanced through the ranks as a supervisor and area manager. Rosie served as a coordinator of the Children's Mental Health Service in King County and was responsible for implementing mental health reform, including the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) initiative and was a leader in the development of a publicly funded mental health system; and
WHEREAS, Rosie returned to DSHS in 1994 as the assistant secretary for the Children's Administration and subsequently established the "Kids Come First Action Agenda," was responsible for increasing the number of foster homes, the percentage of foster children placed with relatives, made it possible for more children to be safely reunited with their parents and doubled the number of former foster children ages 18 through 21 who received independent living services; and
WHEREAS, Her leadership and commitment to instilling best practice reforms enabled the Vancouver, WA DSHS Division of Children and Family Services office to become the first state child welfare agency in the West to achieve accreditation status by meeting rigorous and nationally recognized standards of social work; and
WHEREAS, Rosie was a respected national speaker on child welfare issues and served on the executive committee of the National Association of Public Child Welfare Administrators; and
WHEREAS, Thousands of children and their families are leading better lives because Rosie led a dedicated staff through the difficult and demanding tasks necessary to nurture children in need while working to heal and reunite families; and
WHEREAS, Rosie was held in the highest regard by staff and elected officials as well as colleagues in Washington state and nationally;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the lifetime contributions and the legacy of caring for children and families made to the great state of Washington by Rosie Oreskovich.
Senators Hargrove, Stevens and Thibaudeau spoke to Senate Resolution 8648.
MOTION
On motion of Senator Sheahan, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Hewitt, Senator West was excused.
SECOND READING
SENATE BILL NO. 5400, by Senator Swecker
Creating a geoduck aquaculture research project.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5400 was substituted for Senate Bill No. 5400 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 and Swecker be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 79.96 RCW to read as follows:
(1) By January 1, 2004, the department and the department of fish and wildlife shall initiate an agreement to conduct joint research projects with the geoduck harvesters association, holders of aquatic farm registrations, and recognized treaty tribes of Washington, hereinafter referred to as cooperators, for an initial term of ten years, with the option of an additional term of ten years, to examine the subtidal geoduck aquaculture industry in the state of Washington.
(2) The geoduck aquaculture research project must use scientific methods to determine sustainability of geoduck aquaculture and assess potential impacts to the aquatic ecosystem.
(3) The department shall lease the use of state-owned aquatic lands for the geoduck aquaculture research project and shall determine the location of leases and project design jointly with the cooperators. Each cooperator leasing land shall provide geoduck clam seed produced in hatcheries located in Washington state, materials, and labor for their respective lease. The department will establish lease fees on a per acre basis, not to exceed one thousand dollars per acre.
(a) The department shall designate no fewer than five areas of aquatic lands owned by the state to lease on which to implement the geoduck aquaculture research project. The department and cooperators shall determine the size and location of the areas, which shall comprise approximately fifty acres, of approximately ten acres each.
(b) Identification of areas with density of geoduck clams below the level that constitutes a natural bed must be made in accordance with the tribes, pursuant to applicable federal court order. The treaty tribes retain the right, as provided under court order, to inspect study areas.
(4) At the end of the first year of the geoduck aquaculture research project and each year thereafter, the department shall provide a progress report on the project to the standing legislative committees with jurisdiction. The second report and all subsequent reports must include an assessment of geoduck aquaculture, its impact on the aquatic ecosystem, and recommendations regarding continuation or expansion of the research project. Each report must include the perspective of the association, the geoduck aquaculture industry, and the tribes."
POINT OF INQUIRY
Senators Betti Sheldon: “Senator Morton, are the counties going to have any opportunity to participate in the discussion of this study? As you know, we in Kitsap have a very active interest in the geoduck harvest.”
Senator Morton: “There is no limit as to who can participate in discussions. Those that will be a part of signing the agreement will be harvesters. There are two groups of people. There is one that is an association that is incorporated now and then there is another that will have to organize further before they can sign a legal document. Then the other two entities are the Department of Fish and Wildlife and the Department of Natural Resources.”
Senator Betti Sheldon: “So, that would exclude local government? Is that what you are saying?”
Senator Morton: “Local government is not specifically mentioned. The tribes are specifically mentioned as part of it. Local government is not. Yes, they could participate. I suppose they could ask to be a part of it, but in this bill, you are right, they are not specifically mentioned.”
Senator Betti Sheldon: “Thank you.”
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Morton and Swecker to Substitute Senate Bill No. 5400.
The motion by Senator Morton carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Morton, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after "geoducks;" strike the remainder of the title and insert "and adding a new section to chapter 79.96 RCW."
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 5400 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. 5400.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5400 and the bill passed the Senate by the following vote Yeas, 39; Nays, 10; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 39.
Voting nay: Senators Brown, Fairley, Fraser, Kohl-Welles, Prentice, Reardon, Regala, Sheldon, B., Spanel and Thibaudeau - 10.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5400, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senators Deccio and Rossi were excused.
SECOND READING
SENATE BILL NO. 5578, by Senators Winsley, T. Sheldon, Brandland, Reardon, Franklin, Esser, Haugen and Hargrove
Allowing for bed hold for boarding home residents.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5578 was substituted for Senate Bill No. 5578 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. 5578 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. 5578.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5578 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and Rossi - 2.
SUBSTITUTE SENATE BILL NO. 5578, 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. 5969, by Senators Haugen, Swecker and Rasmussen
Providing natural resource protection in Skagit county.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 5969 was substituted for Senate Bill No. 5969 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the following striking amendment by Senators Swecker and Haugen was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that counties have been given the authority to designate agricultural lands of long-term commercial significance and that such lands are protected as a matter of state law. The legislature finds that counties have also been given the authority to designate fish habitat and that these areas are to be protected as a matter of state law. In addition, the legislature finds that the department of fish and wildlife has been granted authority to protect fish habitat in streams.
The legislature finds that several fish habitat restoration processes have been established for the specific purpose of developing plans acceptable to the local communities to restore fish habitat and that several millions of dollars of public funds have been dedicated to projects supported by the local community, including many in Skagit county.
The legislature finds that instead of using fish habitat restoration processes, the department of fish and wildlife has attempted in Skagit county to use regulatory statutes that are limited to the protection of fish habitat. However, these regulatory statutes do not require the restoration or enhancement of habitat.
The legislature finds that historical interpretations by the agency have changed without a corresponding change in the underlying statute. Further, the term "protection" has been determined to be equivalent to a no net loss standard in the administrative code pertaining to hydraulic project approvals. Likewise, the legislature finds that the protection requirement for agricultural land designated as having long- term commercial significance has been interpreted by the state supreme court in a similar fashion of no reduction and no net loss.
The legislature further finds that for over fifty years that fishway statutes have been in effect, they have not been applied to tide gates on agricultural drainage facilities.
The legislature finds that a collaborative process to examine reasonable and feasible alternatives to enhance tidal fish habitat should be used to focus and expedite efforts where there is a gain in tidal fish habitat without harming designated agricultural lands. The legislature also finds that pilot projects may be needed to test creative solutions to achieve the dual goals of enhancing tidal fish habitat while protecting designated agricultural lands.
NEW SECTION. Sec. 2. The purposes of this act are:
(1) To protect lands designated by the county as agricultural land of long-term commercial significance from the effects of saltwater intrusion and diminishment of drainage capability for drainage infrastructure, including flood gates, pump stations, ditches, and tide gates;
(2) To require examination of opportunities to enhance tidal fish habitat on hundreds of acres of publicly owned land while maintaining habitat for migratory birds and that opportunities on publicly owned lands outside the dikes be considered first; and
(3) To allow tide gates located on bona fide streams to proceed through a fish habitat restoration planning process to find opportunities to use fish habitat while avoiding harm to existing land uses.
NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:
(1) From funds appropriated to the department of fish and wildlife for salmon restoration activities, the fish and wildlife commission, in coordination with the Skagit county legislative authority and diking and drainage district commissioners, and local landowners, shall establish the Skagit tidal fish habitat pilot project to jointly develop a strategy and to propose projects to enhance tidal fish habitat and address the management, operation, and maintenance of tide gates on streams in Skagit county while assuring no net loss of agricultural lands or their productivity. The strategy and proposed projects must be submitted to the appropriate standing committees of the legislature by December 1, 2004. The strategy must consider the following elements:
(a) An inventory of existing tide gates located on bona fide streams in Skagit county. The inventory must include location, age, type, and maintenance history of the tide gate, and other factors as determined by the commission, the county, diking and drainage districts, and local landowners;
(b) An assessment of the role of tide gates located on bona fide streams in the Skagit county; the role of tidal fish habitat for various life stages of salmon; the quantity and characterization of tidal fish habitat currently accessible to fish; the quantity and characterization of the present tidal fish habitat created at the time the dikes and outlets were constructed; the quantity of potential tidal fish habitat on public lands and alternatives to enhance this habitat; the effects of salt water intrusion on agricultural land including the effects of backfeeding of salt water through the underground drainage system; the role of tide gates in drainage systems including relieving excess water from saturated soil and providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of properly functioning tidal fish habitat; the description of agricultural lands designated by the county as having long-term commercial significance and the effect of that designation; the description and identification of natural water courses and the effect of that designation; and the economic impacts to existing land uses for various alternatives for tide gate alteration; and
(c) A long-term proposal for fish habitat enhancement to meet the two goals of salmon recovery and no net loss of designated agricultural lands. The fish and wildlife commission, the Skagit county legislative authority, and diking and drainage district commissioners shall jointly convene a work group of interested parties, including local landowners, tribal councilmembers, local governments, federal fishery agencies, diking and drainage districts, and representatives of the local lead entity under RCW 77.85.050, to develop the strategy and proposed projects, based on the inventory and assessment under (a) and (b) of this subsection. Legislators shall be appointed to the work group, with an equal number from each of the four major caucuses in the house of representatives and the senate as determined by the speaker of the house of representatives and the president of the senate. The proposal shall include methods to increase fish passage and enhance tidal habitat on public lands, voluntary methods to increase fish passage on private lands, a priority list of fish passage projects on bona fide streams, and recommendations for funding of high priority projects.
(2) The strategy shall proceed in four phases as follows:
(a) Examining opportunities and proposing projects for tidal fish habitat improvements on public land outside the dike;
(b) Examining opportunities and proposing projects for tidal fish habitat improvements on public land inside the dike;
(c) Examining opportunities and proposing projects for tidal fish habitat improvements on areas that have bona fide streams; and
(d) Examining voluntary opportunities for tidal fish habitat improvements where there are no bona fide streams.
(3) The department of fish and wildlife may not require fish passage under RCW 77.55.060 or as a condition of hydraulic project approval for maintenance, improvement, or replacement of agricultural drainage systems under this chapter unless the condition is consistent with the strategy developed under this section and the strategy has been approved by the legislature.
(4) Any condition requiring fish passage in an existing hydraulic project approval issued for a tide gate in Skagit county under this chapter is stayed unless the condition is consistent with the strategy developed under this section and the strategy has been approved by the legislature.
(5) For the purpose of this section, "stream" or "bona fide stream" means the Skagit river, the Samish river, Carpenter creek, and Colony creek."
MOTIONS
On motion of Senator Swecker, the following title amendment was adopted:
On page 1, line 1 of the title, after "county;" strike the remainder of the title and insert "adding a new section to chapter 77.55 RCW; and creating new sections."
On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 5969 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. 5969.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5969 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Deccio and Rossi - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5969, 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. 5340, by Senators Horn, Haugen and T. Sheldon (by request of Governor Locke)
Modifying the commute trip reduction program.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 5340 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. 5340.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5340 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.
Voting nay: Senators Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.
SENATE BILL NO. 5340, 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. 5120, by Senators Rossi, Kline, Oke, Roach, Esser, Swecker, Deccio, Stevens, Benton, Hale, Hewitt, Mulliken, Honeyford, Johnson, Schmidt, Sheahan and Horn
Changing provisions relating to ignition interlock devices.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5120 was substituted for Substitute Senate Bill No. 5120 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5120 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. 5120.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5120 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5120, 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. 5497, by Senators Esser, Haugen and Oke (by request of Department of Transportation)
Modifying relocation assistance provisions.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 5497 was substituted for Senate Bill No. 5497 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 5497 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. 5497.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5497 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5497, 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. 5492, by Senators Mulliken, Keiser and Winsley
Revising provisions for sale of timeshares.
MOTIONS
On motion of Senator Mulliken, Substitute Senate Bill No. 5492 was substituted for Senate Bill No. 5492 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Mulliken, the following 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 64.36 RCW to read as follows:
(1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in incomplete projects or facilities, the promoter must meet the requirements in this section in addition to RCW 64.36.020 and the following limitations and conditions apply:
(a) The promoter is limited to offering or selling only fee simple deeded timeshare interests;
(b) Construction on the project must have begun and be at least twenty percent complete and must be completed no later than within two years of the date of the initial offer to sell the timeshare interest;
(c) The promoter must establish an escrow or trust account for the purpose of protecting the funds or other property paid, pledged, or deposited by purchasers;
(d) The promoter's solicitations, advertisements, and promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT IS STILL UNDER CONSTRUCTION"; and
(e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose the last possible estimated date for completion of construction.
(2) The timeshare interest purchase agreement must contain the following language in fourteen point bold face type: "If the project is not completed by [estimated date of completion], the purchaser has the right to void the purchase agreement and is entitled to a full, unqualified refund of all moneys paid."
(3) One hundred percent of all funds or other property that is received from or on behalf of purchasers of timeshare interests prior to the occurrence of events required in this section must be deposited pursuant to an escrow or trust agreement approved by the director. Funds may be released from the escrow or trust account to the purchaser if the purchaser cancels within the cancellation period, or to the promoter only when all three of the following conditions occur:
(a) The purchaser's cancellation period has expired;
(b) Closing has occurred; and
(c) Construction is complete and the facility is ready to occupy.
(4) In lieu of depositing purchaser funds into an escrow or trust account, the promoter may post with the department a bond equal to the amount of Washington resident purchaser funds or other property. The amount of the bond must be adjusted upwards as the promoter makes additional sales and must at all times equal the amount of funds or other property that have been paid by Washington resident purchasers.
(5) Any purchaser has the right to void the timeshare purchase agreement and request a full, unqualified refund if construction of the timeshare project is not completed within two years from the date of the initial offer to sell the timeshare interest or by the last estimated date of construction contained in the timeshare purchase agreement, whichever is earlier.
(6) If the completed timeshare project is materially and adversely different from the project that was promised to purchasers at the time that the purchase agreements were signed, the director may declare any or all of the purchaser contracts void. Before declaring the contracts void, the director shall give the promoter the opportunity for a hearing in accordance with chapters 34.05 and 18.235 RCW.
(7) If the promoter intends to or does pledge or borrow against funds or properties, which are held in trust or escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating costs, this must be fully, plainly, and conspicuously disclosed in all advertising, in all written or oral solicitations for the sale of the timeshare interests, in the registration with the director, and in the purchase agreement or contract.
(8) A promoter who obtains an effective registration for a revocable timeshare interest reservation must meet the requirements of this section in order to complete an irrevocable purchase agreement."
MOTIONS
On motion of Senator Mulliken, the following title amendment was adopted:
On page 1, line 1 of the title, after "timeshares;" strike the remainder of the title and insert "and adding a new section to chapter 64.36 RCW."
On motion of Senator Mulliken, the rules were suspended, Engrossed Substitute Senate Bill No. 5492 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. 5492.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5492 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5492, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Brown was excused.
MOTION
On motion of Senator Hewitt, Senator Rossi was excused.
SECOND READING
SENATE BILL NO. 5251, by Senators Brandland, Thibaudeau, Shin and Kline
Modifying foreign judgment provisions.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5251 was substituted for Senate Bill No. 5251 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5251 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. 5251.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5251 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Absent: Senator Mulliken - 1.
Excused: Senators Brown and Rossi - 2.
SUBSTITUTE SENATE BILL NO. 5251, 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. 6011, by Senator Rossi
Providing a business and occupation tax for staffing services businesses.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6011 was substituted for Senate Bill No. 6011 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Regala , the following striking amendment by Senators Rossi and Regala was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:
(1) Upon every person engaging in this state in the business of providing staffing services that would otherwise be subject to tax under RCW 82.04.290(2); as to such persons the amount of tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of .484 percent. If the staffing activities are conducted both within and without this state, the amount of tax on such person shall be equal to the apportioned gross income of the business multiplied by the rate of .484 percent.
(2) The apportioned gross income shall be calculated by multiplying the apportionable income by a fraction, the numerator of which is the sum of the property factor, if any, the payroll factor, if any, and the sales factor, if any, and the denominator of which is three reduced by the number of factors that have a denominator of zero. The apportionment factors shall be calculated according to rules adopted by the department consistent with the principles and concepts contained in chapter 82.56 RCW but are not required to be identical to those contained in chapter 82.56 RCW. If the provisions of this section do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the department may require the use of an alternative apportionment method, if reasonable, such as separate accounting, the exclusion of any one or more of the factors, or the inclusion of one or more additional factors.
(3) The definitions in this subsection apply to this section.
(a) "Apportionable income" means the gross income of the taxpayer, which includes but is not limited to all amounts received for providing the temporary workers, subject to tax under subsection (1) of this section, less the exemptions and deductions allowable under this chapter.
(b) "Staffing services" means an arrangement in which the taxpayer recruits and hires employees from the labor market and assigns them on a temporary basis to perform services for another to support or supplement the customer's work force, or to provide assistance in special work situations such as employee absences, skill shortages, and seasonal workloads, or to perform special assignments or projects, all under the direction and supervision of the customer. "Staffing services" does not include employee leasing or employee placement services.
Sec. 2. RCW 82.04.290 and 2001 1st sp.s. c 9 s 6 are each amended to read as follows:
(1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.
(2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280, 82.04.2907, ((and)) 82.04.272, section 1 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.
This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section."
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 82.04.290; and adding a new section to chapter 82.04 RCW."
On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6011 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Regala: “Senator West, I understand that Engrossed Substitute Senate Bill No. 6011 deals with the issue of the business and occupation taxation of companies that provide temporary staffing services. I also understand that there is pending litigation between a staffing service company and the Department of Revenue regarding whether some staffing services are subject to the retail sales tax. Would this bill affect the outcome of that litigation?”
Senator West: “Senator Regala, Engrossed Substitute Senate Bill No. 6011 lowers the business and occupation tax rate on companies that provide temporary staffing services if the activities would otherwise be subject to the general 1.5 percent business and occupation tax rate on services. Activities taxable under the general 1.5 percent service rate are not subject to the retail sales tax. The issue in that litigation is whether or not temporary staffing services that are defined as retail sales would be taxable under the retailing classification of the business and occupation tax and consequently subject to the retail sales tax. This bill does not address any temporary staffing services that may be subject to tax under the retailing classification. Therefore, this bill does not affect, and is not intended to affect, the outcome of that pending litigation.”
Further 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. 6011.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6011 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Voting nay: Senator Fraser - 1.
Excused: Senators Brown and Rossi - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6011, 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. 5742, by Senators Honeyford, Benton and Esser
Establishing procedures for rehiring retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 5742 was substituted for Senate Bill No. 5742 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator McAuliffe moved that the following amendment by Senators McAuliffe, Honeyford and Carlson be adopted:
On page 10, beginning on line 25, after "year." strike all material down to and including "and:" on line 28 and insert the following:
"(3) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state at least (i) forty-five days for certificated instructional staff, or (ii) sixty days for other staff, after his or her date of separation and:'
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe, Honeyford and Carlson on page 10, beginning on line 25, to Substitute Senate Bill No. 5742.
The motion by Senator McAuliffe carried and the amendment was adopted.
MOTION
On motion of Senator Carlson, the following amendment by Senators Carlson, Winsley, Spanel, Honeyford, McAuliffe, Fraser, Jacobsen and Parlette was adopted:
On page 10, line 31, strike "qualified applicants" insert "well-qualified applicants"
MOTION
Senator McAuliffe moved that the following amendment be adopted:
On page 11, beginning on line 2, after "and" strike all material down to and including "retirement." on line 13 and insert the following:
"(d) The employee has not already rendered a cumulative total of more than (i) three thousand one hundred sixty-five hours of service for certificated instructional staff, or (ii) one thousand nine hundred hours of service for all other staff, while receiving pension payments, beyond an annual threshold of eight hundred sixty-seven hours;
shall cease to receive pension payments while engaged in that service after the retiree has rendered service for more than one thousand five hundred hours in a school year. The cumulative total limitations under this subsection apply prospectively to those retiring after the effective date of this act and retroactively to those who retired prior to the effective date of this act, and shall be calculated from the date of retirement."
Debate ensued.
POINT OF INQUIRY
Senator Carlson: “Senator McAuliffe, I would like to know what the relationship of this amendment would be for the administrators and superintendents of school districts and how they would be affected by your amendment?”
Senator McAuliffe: “Thank you, for your question. This amendment is crafted just for certified staff, so that would only be the teachers. It would not include administrators or other staff, other than your ESA’s.”
The President declared the question to be the adoption of the amendment by Senator McAuliffe on page 11, line 2, to Substitute Senate Bill No. 5742.
The motion by Senator McAuliffe failed and the amendment was not adopted on a rising vote.
MOTION
On motion of Senator Honeyford, the rules were suspended, Engrossed Substitute Senate Bill No. 5742 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. 5742.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5742 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Brown and Rossi - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5742, 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. 8012, by Senators Fraser, Morton and Kline
Asking the federal energy regulatory commission to withdraw a new pricing policy proposal.
The joint memorial was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8012 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. 8012.
ROLL CALL
The Secretary called the roll on the final passage of Senate Joint Memorial No. 8012 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Brown and Rossi - 2.
SENATE JOINT MEMORIAL NO. 8012, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5500, by Senators Johnson, Haugen, Esser, Thibaudeau, McCaslin and Horn
Facilitating interlocal agreements for court services among municipalities.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5500 was substituted for Senate Bill No. 5500 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5500 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. 5500.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5500 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.
Voting nay: Senators Eide, Kline and Reardon - 3.
Excused: Senators Brown and Rossi - 2.
SUBSTITUTE SENATE BILL NO. 5500, 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. 5160, by Senators Morton, Mulliken, McCaslin, Benton, Honeyford, Stevens, Sheahan, Deccio, Swecker, Hale, Parlette and T. Sheldon
Authorizing certain counties to withdraw from the growth management act.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 5160 was substituted for Senate Bill No. 5160 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5160 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. 5160.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5160 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 34.
Voting nay: Senators Fairley, Franklin, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 13.
Excused: Senators Brown and Rossi - 2.
SUBSTITUTE SENATE BILL NO. 5160, 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. 5959, by Senators Esser, Poulsen, Schmidt, Eide, Stevens, T. Sheldon, Reardon and Finkbeiner
Providing access permits for the deployment of personal wireless facilities off limited access highways.
The bill was read the second time.
MOTION
On motion of Senator Esser, the rules were suspended, Senate Bill No. 5959 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. 5959.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5959 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators Brown and Rossi - 2.
SENATE BILL NO. 5959, 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. 5379, by Senators Stevens, Hargrove, Carlson, Regala, Parlette, McAuliffe and Winsley
Revising rules for public access to dependency hearings.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.115 and 2000 c 122 s 12 are each amended to read as follows:
All hearings ((may)) shall be public, and conducted at any time or place within the limits of the county((, and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court)).
If the court finds that there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized by conducting a public hearing, the court may exclude the public. In addition, both parents may request that the court exclude the public, subject to the court's discretion.
Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200."
MOTIONS
On motion of Senator Stevens, the following title amendment was adopted:
On page 1, line 1 of the title, after "hearings;" strike the remainder of the title and insert "and amending RCW 13.34.115."
On motion of Senator Stevens, the rules were suspended, Engrossed Senate Bill No. 5379 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. 5379.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5379 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Brown - 1.
ENGROSSED SENATE BILL NO. 5379, 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 Prentice was excused.
SECOND READING
SENATE BILL NO. 5152, by Senators Benton, Honeyford, Mulliken, Stevens and Zarelli
Modifying the authority of the Columbia River Gorge Commission.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 5152 was substituted for Senate Bill No. 5152 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5152 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. 5152.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5152 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 27.
Voting nay: Senators Brown, Carlson, Eide, Fairley, Franklin, Fraser, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 21.
Excused: Senator Prentice - 1.
SUBSTITUTE SENATE BILL NO. 5152, 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. 5346, by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn and Spanel
Requiring compensation for damage by required changes to tide gate operation.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5346 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. 5346.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5346 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.
Voting nay: Senators Fairley, Kline, Kohl-Welles, Regala, Sheldon, B. and Thibaudeau - 6,
SENATE BILL NO. 5346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 11:17 a.m., on motion of Senator Sheahan, the Senate recessed until 1:00 p.m.
The Senate was called to order at 1:00 p.m. by President Owen
MOTION
On motion of Senator Sheahan, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Oke, the following resolution was adopted:
SENATE RESOLUTION 8644
By Senators Oke, Swecker, Jacobsen, Doumit, Fraser, Honeyford, Spanel, Fairley, Johnson, Haugen, B. Sheldon, Kastama, Rasmussen, McAuliffe, Regala and Kohl-Welles
WHEREAS, The Washington State Parks Commission, as one of the state's major stewards of special state resources has, for over nine decades, protected and preserved significant natural, historical, and cultural public assets for citizens; and
WHEREAS, On March 19, 1913, Governor Ernest Lister signed into law the Washington Parks Board, which created the state parks system; and
WHEREAS, The provision of recreational and educational opportunities on these special resource lands has, through tourism, been an economic catalyst to areas of the state that benefit from this evolving economy; and
WHEREAS, The Washington State Parks Commission has partnered with thousands of volunteers, whose work has resulted in over 200,000 hours per year of volunteer time dedicated to the state parks system; and
WHEREAS, The Washington State Parks Commission employees, who work diligently in park management, operations, construction, and maintenance, are major contributors to public service and the State Parks' success story;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington celebrate March 19, 2003, as the state park system's ninetieth birthday; and
BE IT FURTHER RESOLVED, That the Senate of the state of Washington encourage the executive and legislative branches of government to join with the Parks and Recreation Commission in preparing the parks system during the coming ten years for its Centennial in 2013. This will be an appropriate legacy gift to the generations of citizens who will benefit from the parks in the system's second century of service to the state of Washington.
Senators Oke, Doumit and Jacobsen spoke to Senate Resolution 8644.
MOTION
On motion of Senator Sheahan, the Senate reverted to the sixth order of business.
MOTION
On motion of Senator Eide, Senators Kline and Kohl-Welles were excused.
MOTION
On motion of Senator Hewitt, Senators Horn, McCaslin and West were excused.
SECOND READING
SENATE BILL NO. 5274, by Senators Roach, Hale, Horn, Stevens and Haugen (by request of Secretary of State Reed)
Revising funding of the archives division.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 5274 was substituted for Senate Bill No. 5274 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 5274 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. 5274.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5274 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Excused: Senators Horn, Kline, Kohl-Welles, McCaslin and West - 5.
SUBSTITUTE SENATE BILL NO. 5274, 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. 5801, by Senators Winsley, Benton, Kastama, Reardon and Schmidt
Regulating job order contracting for public works.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5801 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. 5801.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5801 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Horn and West - 2.
SENATE BILL NO. 5801, 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. 5380, by Senators Stevens, Honeyford and Schmidt
Clarifying the definition of ordinary high water mark.
The bill was read the second time.
MOTION
On motion of Senator Stevens, the rules were suspended, Senate Bill No. 5380 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. 5380.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5380 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 19; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Franklin, Hale, Hargrove, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Winsley and Zarelli - 28.
Voting nay: Senators Brown, Eide, Fairley, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 19.
Excused: Senators Horn and West - 2.
SENATE BILL NO. 5380, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Rossi: “A point of personal privilege, Mr. President. You know how we have heated debates on the floor here on various issues. We go back and forth and back and forth. I walked over here and there was this box--and we heard about a box being outside--so I was a little nervous. It was sitting here on my chair. I looked at it and I put my ear down to it and it wasn’t ticking. It says it is from Senator Brown to Senator Rossi. I want to show you what is inside. It is a mug and this goes back to a bill we had on somewhat a contentious debate. It say, ‘College, the best seven years of my life.’ Thank you, very much.”
SECOND READING
SENATE BILL NO. 5790, by Senators Franklin, Deccio, Winsley and Kline
Changing the time period in which beds can be converted back to nursing facilities.
The bill was read the second time.
MOTION
On motion of Senator Sheahan, the rules were suspended, Senate Bill No. 5790 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. 5790.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5790 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Absent: Senator Hargrove - 1.
Excused: Senator Horn - 1.
SENATE BILL NO. 5790, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8402, by Senators Shin, Swecker, T. Sheldon, Reardon, Fairley, West, Benton, Kohl-Welles, Rasmussen and Winsley
Encouraging legislator trade mission participation.
MOTIONS
On motion of Senator Shin, Substitute Senate Concurrent Resolution No. 8402 was substituted for Senate Concurrent Resolution No. 8402 and the substitute concurrent resolution was placed on second reading and read the second time.
On motion of Senator Shin, the rules were suspended, Substitute Concurrent Resolution No. 8402 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Concurrent Resolution No. 8402.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Concurrent Resolution No. 8402 and the concurrent resolution passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator Horn - 1.
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8402, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 5889, by Senators Swecker and Rasmussen
Concerning a livestock nutrient management program.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 5889 was substituted for Senate Bill No. 5889 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the following amendment by Senators Honeyford and Swecker was adopted:
On page 3, after "desirable." line 35, insert the following:
"The committee shall consult with representatives of the statewide association of conservation districts regarding any functions or activities that are proposed to be provided through local conservation districts."
Renumber the sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 5889 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 Oke: “Senator Swecker, I just want to know if this is recycled fertilizer or just plain poopy doo?”
Senator Swecker: “I would like to clarify the language in this bill and let you know that it is nutrients.”
Further 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. 5889.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5889 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 37.
Voting nay: Senators Brown, Fairley, Franklin, Fraser, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Spanel and Thibaudeau - 11.
Excused: Senator Horn - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5889, 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. 5515, by Senators Johnson, Kline and Sheahan
Allowing judicial members on the Board of Industrial Insurance Appeals.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5515 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. 5515.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5515 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5515, 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. 5965, by Senator McCaslin
Revising the makeup of public facilities district boards of directors.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the following amendment by Senators McCaslin and West was adopted:
On page 2, after line 36, insert the following:
"NEW SECTION. Sec. 2. This act takes effect January 1, 2004."
There being no objection, the following title amendment was adopted:
On page 1, line 4 of the title, after "population;" strike "and amending RCW 36.100.020" and insert "amending RCW 36.100.020; and providing an effective date"
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 5965 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. 5965.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5965 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Kline - 1.
ENGROSSED SENATE BILL NO. 5965, 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. 5537, by Senators Benton, Prentice, Esser, Rossi, Finkbeiner, Johnson, T. Sheldon, Roach and Stevens
Requiring a revote on light rail and redirection of resources.
MOTIONS
On motion of Senator Benton, Senate Bill No. 5537 was substituted for Senate Bill No. 5537 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF ORDER
Senator Sheahan: “A point of order, Mr. President. I think the good gentleman from Seattle was impugning the motives of the gentleman from Clark County.”
REPLY BY THE PRESIDENT
President Owen: “As a matter of fact, the rules clearly--clearly--state that your remarks are to be made to the issue and not to the people in the chamber. So, please make sure that your remarks are relative to the issue at hand and not to the personalities of the people in the Senate or the House.”
Further debate ensued.
Senators Sheahan, McCaslin, and Horn 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 Benton closed debate.
POINT OF ORDER
Senator Kline: “A point of order, Mr. President. This is not a point of parliamentary inquiry, because I don’t believe there is a question here, but rather a heartfelt complaint to the good Senator from the Ninth District.”
REPLY BY THE PRESIDENT
President Owen: “Senator Kline, what is your point of order?”
Senator Kline: “That a call for the previous question at a very early place–“
President Owen: “Senator Kline, that is not a point of order. That is out of order.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5537.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5537 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Parlette, Prentice, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.
Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.
SUBSTITUTE SENATE BILL NO. 5537, 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. 5584, by Senators Swecker, Jacobsen, T. Sheldon, Morton, Deccio, Rossi and Sheahan
Providing for dissolution of regional transit authorities.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 5584 was substituted for Senate Bill No. 5584 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5584 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. 5584.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5584 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.
Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.
SUBSTITUTE SENATE BILL NO. 5584, 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 Jacobsen, Senator Eide was excused.
MOTION
On motion of Senator Honeyford, Senator Rossi was excused.
SECOND READING
SENATE BILL NO. 5903, by Senators Hargrove, Stevens and Carlson
Providing additional sentencing alternatives for juvenile offenders.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5903 was substituted for Senate Bill No. 5903 and the substitute bill was placed on second reading and read the second time.
Senator Hargrove moved that the following striking amendment by Senators Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.0357 and 2002 c 324 s 3 and 2002 c 175 s 20 are each reenacted and amended to read as follows:
DESCRIPTION AND OFFENSE CATEGORY |
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juvenile disposition offense category |
description (rcw citation) |
juvenile disposition category for attempt, bailjump, conspiracy, or solicitation |
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Arson and Malicious Mischief |
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A |
Arson 1 (9A.48.020) |
B + |
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B |
Arson 2 (9A.48.030) |
C |
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C |
Reckless Burning 1 (9A.48.040) |
D |
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D |
Reckless Burning 2 (9A.48.050) |
E |
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B |
Malicious Mischief 1 (9A.48.070) |
C |
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C |
Malicious Mischief 2 (9A.48.080) |
D |
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D |
Malicious Mischief 3 (<$50 is E class) (9A.48.090) |
E |
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E |
Tampering with Fire Alarm Apparatus (9.40.100) |
E |
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A |
Possession of Incendiary Device (9.40.120) |
B + |
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Assault and Other Crimes Involving Physical Harm |
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A |
Assault 1 (9A.36.011) |
B + |
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B + |
Assault 2 (9A.36.021) |
C + |
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C + |
Assault 3 (9A.36.031) |
D + |
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D + |
Assault 4 (9A.36.041) |
E |
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B + |
Drive-By Shooting (9A.36.045) |
C + |
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D + |
Reckless Endangerment (9A.36.050) |
E |
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C + |
Promoting Suicide Attempt (9A.36.060) |
D + |
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D + |
Coercion (9A.36.070) |
E |
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C + |
Custodial Assault (9A.36.100) |
D + |
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Burglary and Trespass |
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B + |
Burglary 1 (9A.52.020) |
C + |
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B |
Residential Burglary (9A.52.025) |
C |
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B |
Burglary 2 (9A.52.030) |
C |
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D |
Burglary Tools (Possession of) (9A.52.060) |
E |
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D |
Criminal Trespass 1 (9A.52.070) |
E |
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E |
Criminal Trespass 2 (9A.52.080) |
E |
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C |
Vehicle Prowling 1 (9A.52.095) |
D |
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D |
Vehicle Prowling 2 (9A.52.100) |
E |
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Drugs |
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E |
Possession/Consumption of Alcohol (66.44.270) |
E |
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C |
Illegally Obtaining Legend Drug (69.41.020) |
D |
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C + |
Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030) |
D + |
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E |
Possession of Legend Drug (69.41.030) |
E |
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B + |
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(a)(1) (I) or (ii)) |
B + |
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C |
Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(iii)) |
C |
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E |
Possession of Marihuana <40 grams (69.50.401(e)) |
E |
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C |
Fraudulently Obtaining Controlled Substance (69.50.403) |
C |
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C + |
Sale of Controlled Substance for Profit (69.50.410) |
C + |
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E |
Unlawful Inhalation (9.47A.020) |
E |
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B |
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.401(b)(1) (I) or (ii)) |
B |
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C |
Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (iii), (iv), (v)) |
C |
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C |
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d)) |
C |
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C |
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c)) |
C |
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Firearms and Weapons |
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B |
Theft of Firearm (9A.56.300) |
C |
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B |
Possession of Stolen Firearm (9A.56.310) |
C |
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E |
Carrying Loaded Pistol Without Permit (9.41.050) |
E |
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C |
Possession of Firearms by Minor (<18) (9.41.040(1)(b)(iii)) |
C |
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D + |
Possession of Dangerous Weapon (9.41.250) |
E |
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D |
Intimidating Another Person by use of Weapon (9.41.270) |
E |
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Homicide |
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A + |
Murder 1 (9A.32.030) |
A |
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A + |
Murder 2 (9A.32.050) |
B + |
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B + |
Manslaughter 1 (9A.32.060) |
C + |
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C + |
Manslaughter 2 (9A.32.070) |
D + |
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B + |
Vehicular Homicide (46.61.520) |
C + |
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Kidnapping |
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A |
Kidnap 1 (9A.40.020) |
B + |
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B + |
Kidnap 2 (9A.40.030) |
C + |
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C + |
Unlawful Imprisonment (9A.40.040) |
D + |
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Obstructing Governmental Operation |
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D |
Obstructing a Law Enforcement Officer (9A.76.020) |
E |
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E |
Resisting Arrest (9A.76.040) |
E |
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B |
Introducing Contraband 1 (9A.76.140) |
C |
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C |
Introducing Contraband 2 (9A.76.150) |
D |
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E |
Introducing Contraband 3 (9A.76.160) |
E |
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B + |
Intimidating a Public Servant (9A.76.180) |
C + |
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B + |
Intimidating a Witness (9A.72.110) |
C + |
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Public Disturbance |
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C + |
Riot with Weapon (9A.84.010) |
D + |
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D + |
Riot Without Weapon (9A.84.010) |
E |
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E |
Failure to Disperse (9A.84.020) |
E |
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E |
Disorderly Conduct (9A.84.030) |
E |
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Sex Crimes |
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A |
Rape 1 (9A.44.040) |
B + |
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A- |
Rape 2 (9A.44.050) |
B + |
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C + |
Rape 3 (9A.44.060) |
D + |
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A- |
Rape of a Child 1 (9A.44.073) |
B + |
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B + |
Rape of a Child 2 (9A.44.076) |
C + |
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B |
Incest 1 (9A.64.020(1)) |
C |
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C |
Incest 2 (9A.64.020(2)) |
D |
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D + |
Indecent Exposure (Victim <14) (9A.88.010) |
E |
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E |
Indecent Exposure (Victim 14 or over) (9A.88.010) |
E |
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B + |
Promoting Prostitution 1 (9A.88.070) |
C + |
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C + |
Promoting Prostitution 2 (9A.88.080) |
D + |
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E |
O & A (Prostitution) (9A.88.030) |
E |
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B + |
Indecent Liberties (9A.44.100) |
C + |
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A- |
Child Molestation 1 (9A.44.083) |
B + |
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B |
Child Molestation 2 (9A.44.086) |
C + |
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Theft, Robbery, Extortion, and Forgery |
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B |
Theft 1 (9A.56.030) |
C |
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C |
Theft 2 (9A.56.040) |
D |
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D |
Theft 3 (9A.56.050) |
E |
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B |
Theft of Livestock (9A.56.080) |
C |
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C |
Forgery (9A.60.020) |
D |
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A |
Robbery 1 (9A.56.200) |
B + |
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B + |
Robbery 2 (9A.56.210) |
C + |
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B + |
Extortion 1 (9A.56.120) |
C + |
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C + |
Extortion 2 (9A.56.130) |
D + |
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C |
Identity Theft 1 (9.35.020(2)(a)) |
D |
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D |
Identity Theft 2 (9.35.020(2)(b)) |
E |
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D |
Improperly Obtaining Financial Information (9.35.010) |
E |
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B |
Possession of Stolen Property 1 (9A.56.150) |
C |
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C |
Possession of Stolen Property 2 (9A.56.160) |
D |
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D |
Possession of Stolen Property 3 (9A.56.170) |
E |
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C |
Taking Motor Vehicle Without Permission 1 and 2 (9A.56.070 (1) and (2)) |
D |
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Motor Vehicle Related Crimes |
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E |
Driving Without a License (46.20.005) |
E |
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B + |
Hit and Run - Death (46.52.020(4)(a)) |
C + |
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C |
Hit and Run - Injury (46.52.020(4)(b)) |
D |
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D |
Hit and Run-Attended (46.52.020(5)) |
E |
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E |
Hit and Run-Unattended (46.52.010) |
E |
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C |
Vehicular Assault (46.61.522) |
D |
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C |
Attempting to Elude Pursuing Police Vehicle (46.61.024) |
D |
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E |
Reckless Driving (46.61.500) |
E |
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D |
Driving While Under the Influence (46.61.502 and 46.61.504) |
D |
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Other |
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B |
Bomb Threat (9.61.160) |
C |
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C |
Escape 1 (9A.76.110) |
C |
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C |
Escape 21 (9A.76.120) |
C |
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D |
Escape 3 (9A.76.130) |
E |
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E |
Obscene, Harassing, Etc., Phone Calls (9.61.230) |
E |
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A |
Other Offense Equivalent to an Adult Class A Felony |
B+ |
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B |
Other Offense Equivalent to an Adult Class B Felony |
C |
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C |
Other Offense Equivalent to an Adult Class C Felony |
D |
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D |
Other Offense Equivalent to an Adult Gross Misdemeanor |
E |
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E |
Other Offense Equivalent to an Adult Misdemeanor |
E |
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V |
Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 |
V |
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, ((or)) C, or D.
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OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE |
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A + |
180 WEEKS TO AGE 21 YEARS |
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A |
103 WEEKS TO 129 WEEKS |
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A- |
15-36 |
52-65 |
80-100 |
103-129 |
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WEEKS |
WEEKS |
WEEKS |
WEEKS |
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EXCEPT |
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30-40 |
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WEEKS FOR |
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15-17 |
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YEAR OLDS |
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Current |
B + |
15-36 |
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52-65 |
80-100 |
103-129 |
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Offense |
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WEEKS |
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WEEKS |
WEEKS |
WEEKS |
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Category |
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B |
LOCAL |
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52-65 |
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SANCTIONS (LS) |
15-36 WEEKS |
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WEEKS |
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C + |
LS |
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15-36 WEEKS |
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C |
LS |
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15-36 WEEKS |
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Local Sanctions: |
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0 to 30 Days |
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D + |
LS |
0 to 12 Months Community Supervision |
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0 to 150 Hours Community Restitution |
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D |
LS |
$0 to $500 Fine |
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E |
LS |
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0 |
1 |
2 |
3 |
4 or more |
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PRIOR ADJUDICATIONS |
NOTE: References in the grid to days or weeks mean periods of confinement.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions.
(2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender is:
(a) Adjudicated of an A+ offense;
(b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:
(I) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060); or
(iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401(a)(1) (I) or (ii)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
(c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW 9.94A.030.
OR
OPTION C
CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
OR
OPTION ((c)) D
MANIFEST INJUSTICE
If the court determines that a disposition under option A ((or)), B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
Sec. 2. RCW 13.40.160 and 2002 c 175 s 22 are each amended to read as follows:
(1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (3), ((and)) (4), (5), and (6) of this section. The disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (3), ((and)) (4), (5), and (6) of this section.
(2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option ((c)) D of RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a)(I) Frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option ((c)) D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:
(b)(I) Devote time to a specific education, employment, or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered probation bond; or
(ix) The court shall order that the offender may not attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings. The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district. The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside. This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (c) the evaluation and treatment plan comply with this subsection (3) and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not appealable under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of confinement, the court may impose the disposition alternative under section 3 of this act.
(6) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court may impose the disposition alternative under section 4 of this act.
(7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(((6))) (8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(((7))) (9) Except as provided under subsection (3) ((or)), (4), (5), or (6) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.
(((8))) (10) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
NEW SECTION. Sec. 3. A new section is added to chapter 13.40 RCW to read as follows:
(1) When an offender is subject to a standard range commitment of 15 to 65 weeks, the court may:
(a) Impose the standard range; or
(b) Suspend the standard range disposition on condition that the offender complies with the terms of this mental health disposition alternative.
(2) The court may impose this disposition alternative when the court finds the following:
(a) The offender has a current diagnosis, consistent with the American psychiatry association diagnostic and statistical manual of mental disorders, of axis I psychiatric disorder, excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse disorder, paraphilia, or pedophilia;
(b) An appropriate treatment option is available in the local community;
(c) The plan for the offender identifies and addresses requirements for successful participation and completion of the treatment intervention program including: Incentives and graduated sanctions designed specifically for amenable youth, including the use of detention, detoxication, and in-patient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and vocational advocates, child welfare services, and family and community support. For any mental health treatment ordered for an offender under this section, the treatment option selected shall be chosen from among programs which have been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles. A list of programs which meet these criteria shall be agreed upon by: The Washington association of juvenile court administrators, the juvenile rehabilitation administration of the department of social and health services, a representative of the division of public behavioral health and justice policy at the University of Washington, and the Washington institute for public policy. The list of programs shall be created not later than July 1, 2003. The group shall provide the list to all superior courts, its own membership, the legislature, and the governor. The group shall meet annually and revise the list as appropriate; and
(d) The offender, offender's family, and community will benefit from use of the mental health disposition alternative.
(3) The court on its own motion may order, or on motion by either party, shall order a comprehensive mental health evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a co-occurring chemical dependency disorder. The evaluation shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense, an assessment of the offender's mental health and drug-alcohol problems and previous treatment attempts, and the offender's social, criminal, educational, and employment history and living situation.
(4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:
(a) The availability of treatment;
(b) Anticipated length of treatment;
(c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;
(d) The education plan;
(e) The residential plan; and
(f) The monitoring plan.
(5) The court on its own motion may order, or on motion by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion shall select the evaluator. The requesting party shall pay the cost of any examination ordered under this subsection and subsection (3) of this section unless the court finds the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(6) Upon receipt of the assessments, evaluations, and reports the court shall consider whether the offender and the community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.
(7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition of not more than 65 weeks, suspend execution of the disposition, and place the offender on community supervision up to one year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs, shall be limited to thirty days. As a condition of a suspended disposition, the court shall require the offender to participate in the recommended treatment interventions.
(8) The treatment providers shall submit monthly reports to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, medication management, the offender's relative progress in treatment, and any other material specified by the court at the time of the disposition.
(9) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(10) An offender is ineligible for the mental health disposition option under this section if the offender is adjudicated of a sex or violent offense as defined in RCW 9.94A.030.
NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:
(1) When the offender is subject to a standard range commitment of 15 to 36 weeks and is ineligible for a suspended disposition alternative, a manifest injustice disposition below the standard range, special sex offender disposition alternative, chemical dependency disposition alternative, or mental health disposition alternative, the court may impose a community commitment disposition alternative and:
(a) Retain juvenile court jurisdiction over the youth;
(b) Confine the youth in a county detention facility:
(I) For the standard range; or
(ii) After finding a manifest injustice, a determinate disposition up to 52 weeks; and
(c) Impose a term of postrelease community supervision for up to one year.
If the youth receives a standard range disposition, the court shall set the release date within the standard range. The court shall determine the release date prior to expiration of sixty percent of the juvenile's minimum term of confinement.
(2) The court may impose this community commitment disposition alternative if the court finds the following:
(a) Placement in a local detention facility in close proximity to the youth's family or local support systems will facilitate a smoother reintegration to the youth's family and community;
(b) Placement in the local detention facility will allow the youth to benefit from locally provided family intervention programs and other research-based treatment programs, school, employment, and drug and alcohol or mental health counseling; or
(c) Confinement in a facility operated by the department would result in a negative disruption to local services, school, or employment or impede or delay developing those services and support systems in the community.
(3) The court shall consider the youth's offense, prior criminal history, security classification, risk level, and treatment needs and history when determining whether the youth is appropriate for the community commitment disposition alternative. If the court finds that a community commitment disposition alternative is appropriate, the court shall order the youth into secure detention while the details of the reintegration program are developed.
(4) Upon approval of the treatment and community reintegration plan, the court may order the youth to serve the term of confinement in one or more of the following placements or combination of placements: Secure detention, an alternative to secure detention such as electronic home monitoring, county group care, day or evening reporting, or home detention. The court may order the youth to serve time in detention on weekends or intermittently. The court shall set periodic reviews to review the youth's progress in the program. At least fifty percent of the term of confinement shall be served in secure detention.
(5) If the youth violates the conditions of the community commitment program, the court may impose sanctions under RCW 13.40.200 or modify the terms of the reintegration plan and order the youth to serve all or a portion of the remaining confinement term in secure detention.
(6) A county may enter into interlocal agreements with other counties to develop joint community commitment programs or to allow one county to send a youth appropriate for this alternative to another county that has a community commitment program.
(7) Implementation of this alternative is subject to available state funding for the costs of the community commitment program, including costs of detention and community supervision.
Sec. 5. RCW 13.40.165 and 2002 c 175 s 23 and 2002 c 42 s 1 are each reenacted and amended to read as follows:
(1) The purpose of this disposition alternative is to ensure that successful treatment options to reduce recidivism are available to eligible youth, pursuant to RCW 70.96A.520. The court must consider eligibility for the chemical dependency disposition alternative when a juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, other than a first time B+ offense under chapter 69.50 RCW. The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent or substance abusing, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent or substance abusing. The offender shall pay the cost of any examination ordered under this subsection unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(2) The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.
(3) The examiner shall assess and report regarding the respondent's relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment; and
(e) Recommended crime-related prohibitions.
(4) The court on its own motion may order, or on a motion by the state or the respondent shall order, a second examination. The evaluator shall be selected by the party making the motion. The requesting party shall pay the cost of any examination ordered under this subsection unless the requesting party is the offender and the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
(b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option ((c)) D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of fifty-two weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community restitution, and payment of legal financial obligations and restitution.
(6) The drug/alcohol treatment provider shall submit monthly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may impose sanctions pursuant to RCW 13.40.200 or revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(7) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the offense charged.
(8) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
(10) A disposition under this section is not appealable under RCW 13.40.230.
NEW SECTION. Sec. 6.
Because model adherence and competent delivery of research-based intervention programs is critical for reducing recidivism, the Washington state institute for public policy shall develop adherence and outcome standards for measuring effectiveness of treatment programs referred to in this act. The standards shall be developed and presented to the governor and legislature no later than January 1, 2004. The standards shall include methods for measuring competent delivery of interventions as well as success factors following treatment. The standards shall include, but not be limited to hiring, training and retaining qualified providers, managing and overseeing the delivery of treatment services, and developing quality assurance measures. The department shall utilize these standards to assess program effectiveness. The courts shall also utilize these standards in determining their continued use of these alternatives. The courts shall not continue to use programs that do not comply with these standards.NEW SECTION. Sec. 7. (1) A task force is created for the purpose of examining the coordination of information, education services, and matters of public safety when juvenile offenders are placed into public schools, following their conviction.
(2) The task force shall be chaired by the superintendent of public instruction and include a representative from the juvenile rehabilitation administration of the department of social and health services, the state board of education, associations which represent school teachers, administrators, and school boards, superior court judges, the Washington association of juvenile court administrators, prosecuting attorneys, the governor, attorneys whose practice includes criminal defense work for juvenile defendants, three groups whose primary purpose is the delivery of services to families and children, and law enforcement. The three groups who deliver services shall be selected by the superintendent of public instruction.
(3) The task force shall identify specific policies and statutory, administrative, and practice processes and barriers that may operate to impede: (a) The identification and delivery of appropriate and coordinated services to juvenile offenders who are placed in, or returned to public schools following conviction of an offense; and (b) transmittal of information regarding juvenile offenders who are returned to, or placed in, public schools following conviction of an offense. The task force shall recommend specific statutory and administrative changes as it finds appropriate to eliminate or reduce the barriers identified as a result of this subsection (3).
(4) The task force shall report its findings and recommendations to the governor, the legislature, and the agencies represented on the task force not later than December 1, 2003.
NEW SECTION. Sec. 8.
Sections 6 and 7 of this act expire December 31, 2003."Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute Senate Bill No. 5903.
The motion by Senator Hargrove carried and the striking amendment was adopted.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "sentences;" strike the remainder of the title and insert "amending RCW 13.40.160; reenacting and amending RCW 13.40.0357 and 13.40.165; adding new sections to chapter 13.40 RCW; creating new sections; and providing an expiration date."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 5903 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 Thibaudeau: “Senator Hargrove, I understand that the Superior Court Judges or rather the Juvenile Court Administrators are supporting this bill. Are there others equally knowledgeable of working with general offenders?”
Senator Hargrove: “Yes, myself. The Juvenile Court Administrators and the Judges brought us the bill. They are the ones that work with these offenders in the community and the programs that they are going to be using are the ones that the Public Policy Institute have validated as being research based and working. So, that group also has looked at the type of programs. Again, remember, this is not eliminating JRA; this is not for every kid that is an offender. This is for a certain select group of offenders that can be better served in the community.”
Senator Thibaudeau: “Thank you, Senator Hargrove.”
Further 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. 5903.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5903 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 11; Absent, 0; Excused, 2.
Voting yea: Senators Brandland, Brown, Carlson, Deccio, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 36.
Voting nay: Senators Benton, Doumit, Esser, Fraser, Haugen, Johnson, Kline, Kohl-Welles, Reardon, Roach and Sheldon, T. - 11.
Excused: Senators Eide and Rossi - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5903, 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. 5949, by Senators Deccio and Thibaudeau
Establishing emergency service requirements for hospitals.
The bill was read the second time.
MOTION
Senator Deccio moved that the following striking amendment by Senators Deccio, Winsley, West, Franklin, Hale, Brandland, Parlette, Keiser and Thibaudeau be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.41 RCW to read as follows:
(1) A hospital shall provide emergency services twenty-four hours per day, seven days per week in a designated area of the hospital. A hospital shall meet all the requirements for emergency facilities that are established by the department and shall provide emergency services in a manner that meets the requirements established by federal law for the medical screening and stabilization of patients, including women in active labor, who present to the hospital for emergency services.
(2) A hospital providing emergency services under this section shall have, at a minimum, the following:
(a) A physician who is qualified to provide emergency services immediately available in the hospital;
(b) A roster of on-call medical staff members; and
(c) Procedures to stabilize a patient until the patient is transported or transferred to another hospital if emergency services cannot be provided at the hospital to meet the needs of the patient in an emergency. A specialty hospital providing emergency services under this section shall maintain a transfer agreement with a general hospital that establishes the process for patient transfers in a situation in which the specialty hospital cannot provide continuing care for a patient because of the specialty hospital's scope of services.
(3) This section does not apply to:
(a) A specialty hospital that provides only psychiatric, pediatric, long-term acute care, or rehabilitative services;
(b) A hospital that was licensed under chapter 70.41 RCW prior to January 1, 2003; or
(c) A hospital designated as a critical access hospital under the provisions of Part A Title XVIII of the Social Security Act Section 1820, 42 U.S.C., 1395i-4.
(4) For the purposes of this section:
(a) "Emergency services" means health care services medically necessary to evaluate and treat a medical condition that manifests itself by the acute onset of a symptom or symptoms, including severe pain, that would lead a prudent layperson acting reasonably to believe that a health condition exists that requires immediate medical attention, and that the absence of immediate medical attention could reasonably be expected to result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or would place the person's health (or in the case of a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;
(b) "General hospital" means a hospital that provides general acute care services, including emergency services;
(c) "Specialty hospital" means a subclass of hospital that either provides hospital services within a specific branch of medicine or limits admission according to age, sex, type of disease, or medical condition;
(d) "Transfer agreement" means a written agreement providing an effective process for the transfer of a patient requiring emergency services to a general hospital providing emergency services and for continuity of care for that patient.
(5) This section expires July 1, 2004.
NEW SECTION. Sec. 2. (1) The department of health, in consultation with affected stakeholders such as hospitals, physicians, and nurses, shall study the establishment of specialty hospitals, the requirements of this act, and the impact that specialty hospitals have on the delivery of health care. At a minimum the study shall include but not be limited to evaluating the following issues as they pertain to specialty hospitals:
(a) The availability and delivery of health care services;
(b) Patient safety;
(c) Continuity of patient care;
(d) The provision of emergency services, including the effect of the presence or absence of an emergency department in specialty hospitals;
(e) Staffing of any existing hospitals in the community served by a specialty hospital, including the effect of specialty hospitals on health care professional shortages, nursing staffing, and the availability of specialty physicians to provide on-call emergency services; and
(f) The provision of charity care, medicare and medicaid services, services for medically indigent patients, uncompensated care, community service, and access to health care services by medically underserved populations.
(2) The study also shall include an evaluation of whether requirements for establishing specialty hospitals should be addressed through certificate of need or hospital licensing requirements.
(3) For the purposes of the study, "specialty hospitals" does not include specialty hospitals that provide only psychiatric, pediatric, long-term acute care, or rehabilitative services.
(4) The department of health shall prepare and present a report to the legislature regarding the study no later than December 1, 2003. The legislature shall reevaluate the requirements of this act based upon the study."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Deccio, Winsley, West, Franklin, Hale, Brandland, Parlette, Keiser and Thibaudeau to Substitute Senate Bill No. 5949.
The motion by Senator Deccio carried and the striking amendment was adopted.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "adding a new section to chapter 70.41 RCW; creating a new section; and providing an expiration date."
MOTION
On motion of Senator Deccio, the rules were suspended, Engrossed Senate Bill No. 5949 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. 5949.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5949 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
ENGROSSED SENATE BILL NO. 5949, 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 Sheahan, Senate Bill No. 6012 was made a special order of business at 4:55 p.m. and Senate Bill No. 5658 was made a special order of business at 4:59 p.m. today.
SECOND READING
SENATE BILL NO. 5375, by Senators Doumit, Oke, Haugen, Swecker, Prentice, Hale, Reardon and Rasmussen
Improving the efficiency and predictability of the hydraulic project approval program.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 5375 was substituted for Senate Bill No. 5375 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the following striking amendment by Senators Oke and Doumit was adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that one of the state's primary fish habitat protection statutes is the hydraulic project approval program. This program is one of the state's oldest environmental regulatory programs, and as a consequence it has been developed in an incremental manner over many decades.
The legislature further finds that federal review of proposed in- water projects under provisions of the endangered species act are in most conditions the equivalent of requirements under the state's hydraulic project approval process, and that requiring projects to receive dual approvals causes project delays, is redundant, and may lead to conflicting project conditions.
The legislature further finds that it would benefit the department of fish and wildlife, the regulated community, and the fisheries resources of the state if this important regulatory program were improved with measures to improve its efficiency and predictability, as well as its coordination with the many local, state, and federal fish and habitat protection statutes and regulatory programs that have been created since the inception of the hydraulic project approval program.
The legislature therefore intends to improve the process of regulating construction in state waters with policy measures that improve predictability for entities that work in state waters, and make the best use of limited state resources by ensuring that regulatory reviews of in-water construction are made in an efficient manner.
NEW SECTION. Sec. 2. A new section is added to chapter 77.55 RCW to read as follows:
(1)(a) The department must develop general permits for common or routine activities to improve the predictability and efficiency of the hydraulic project approval program. At a minimum, the department must, by December 2004, develop general permits for the following activities:
(I) Routine repair and maintenance of existing over-water serviceable structures, including replacement of up to sixty pilings;
(ii) Minor dredging of up to ten yards of sediment from an existing channel, berthing area, or boat ramp;
(iii) Routine repair and maintenance of tide gates;
(iv) Construction of mooring dolphins and fender pilings;
(v) Routine repair, maintenance, or replacement of road and highway structures such as culverts and ditches;
(vi) Routine repair and maintenance of bridges; and
(vii) Geotechnical or exploratory work conducted as part of project planning or development.
(b) The department may develop additional general permits for in- water construction activities as available resources allow.
(2) General permits must contain conditions necessary to protect fish life, and must clearly delineate predictable conditions and restrictions that project applicants may incorporate into project design and construction. The department must develop, in consultation with an advisory committee, common technical provisions that must be incorporated into general conditions for each general permit.
(3) The department shall post electronically and otherwise make generally available the following information for each general permit:
(a) A description of activities covered;
(b) The conditions and practices a project applicant must follow to receive coverage under the permit; and
(c) A notice of intent form for use by applicants to include information on project location and habitat types affected.
(4) To receive coverage under a general permit, a project applicant must:
(a) Send a notice of intent to follow the conditions of a general permit to the department twenty-one days before construction is to begin; and
(b) Post the general permit prominently at the worksite.
(5) Within ten days of receipt of a notice of intent from a project applicant, the department must notify the applicant of the status of general permit coverage.
NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:
(1) Certain federal, state, and local regulatory review processes may provide review and protection of fish life that is equivalent to the review provided by the department under this chapter. This may include, among other permits, federal review of a project under the endangered species act (16 U.S.C. Sec. 1531 et seq.), a federal permit under section 404 of the federal water pollution control act (33 U.S.C. Sec. 1251 et seq.), state review of a project under section 401 of the federal water pollution control act (33 U.S.C. Sec. 1251 et seq.), or local government review of a project to protect critical areas under RCW 36.70A.060 or shorelines under chapter 90.58 RCW.
(2) At any point in project development or permitting, an applicant may submit to the department a notice of intent to proceed under an equivalent regulatory review. The notice must include a description of the project, the habitat impacted, and the equivalent permits required for the project. The department's regional manager of the hydraulic project approval program shall make a determination regarding the equivalency of other regulatory permits within fifteen days of receiving the notice. If the notice of equivalency is approved, the project is exempt from the requirement to receive hydraulic project approval under this chapter. If the notice of equivalency is denied, the department must provide the applicant, in writing, specific reasons why the other regulatory reviews will not adequately protect fish life. (3) Upon request by a county or city, the department shall certify that a county or city, through its implementation of critical areas protections, including fish and wildlife habitat conservation areas, under RCW 36.70A.060, or development regulations implementing an adopted and approved shoreline master program under chapter 90.58 RCW, provides equivalent review and protection for fish life to that otherwise provided by the department through issuance of a hydraulic project approval. A city or county may request certification for all hydraulic projects or certain hydraulic project types. If certification is approved, project types specified in the certification and within the jurisdiction of the city or county are exempt from the requirement to receive hydraulic project approval under this chapter. If the department rejects the request for certification, it shall provide in writing a statement of how and why the regulations do not provide equivalent protection for fish life, and provide recommendations that would result in equivalency.
(4) Any person aggrieved by a decision under subsection (2) or (3) of this section may appeal the decision according to the provisions of chapter 34.05 RCW.
NEW SECTION. Sec. 4. A new section is added to chapter 77.55 RCW to read as follows:
The department must develop procedures to ensure consistency of application of hydraulic project approval conditions, to include the following:
(1) Common technical conditions for saltwater and freshwater projects. These common technical conditions must, at a minimum, address allowable in-water work periods, and must recognize the need to maintain an economically competitive waterfront business and port community, and must meet the needs of infrastructure development as defined in RCW 90.74.010;
(2) Internal departmental permit review procedures that promote consistency within and between regions; and
(3) Habitat protection guidance for regional staff that result in predictable permit conditions for project applicants.
NEW SECTION. Sec. 5. A new section is added to chapter 77.55 RCW to read as follows:
(1) An expedited dispute resolution process is created to resolve disputes regarding hydraulic project approvals issued under this chapter. The expedited dispute resolution process may be initiated by a project applicant at any point prior to issuance of the final hydraulic project approval. When a project applicant requests review under the expedited dispute resolution process, the forty-five day period for permit issuance is suspended until the review process is complete.
(2) When a project applicant requests the expedited dispute resolution process, the department must convene an expedited dispute resolution process committee within fourteen days. The expedited dispute resolution process committee consists of four members:
(a) The project contractor or engineer;
(b) A department engineer;
(c) The department's regional program manager; and
(d) An engineer or public works official designated by the local government with jurisdiction over the project.
(3) The expedited dispute resolution process committee must conduct a project review to determine whether the conditions in the proposed hydraulic project approval are reasonable and necessary to protect fish life. By majority vote, the committee may accept the permit conditions, reject the permit conditions and return the permit to the department for subsequent review, or determine alternative conditions to be included in the final hydraulic project approval permit. Decisions of the committee are binding on the department.
(4) The department must provide to each project applicant notice of the applicant's right to an expedited dispute resolution conference, and the procedures for informal and formal appeal. This information must also include:
(a) Contact information for the department employee who will be reviewing the project;
(b) Contact information for the department's regional program manager responsible for overseeing the regional hydraulic project activities at any point prior to the approval or denial of a hydraulic project approval;
(c) The proper address to which requests for expedited dispute resolution must be sent; and
(d) The proper address to which informal or formal appeals must be sent.
Sec. 6. RCW 77.55.100 and 2002 c 368 s 2 are each amended to read as follows:
(1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work within the bed of any state waters that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned.
(2)(a) The department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.
(b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life.
(c) The forty-five day requirement shall be suspended if:
(I) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection; or
(iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.
(d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not met.
(3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance.
(b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
(c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
(d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists.
(4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent.
(5)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation.
(b) For purposes of this section and RCW 77.55.110, "emergency" means an immediate threat to life, the public, property, or of environmental degradation.
(c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection.
(6)(a) The department shall, at the request of a county, develop renewable five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
(b) The department shall, at the request of any person or government agency, develop a renewable five-year maintenance approval agreement or a hydraulic project approval mitigation agreement to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under reasonable agreed-upon conditions and times without obtaining permits for specific projects.
(7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 77.55.110.
A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
(8) For the purposes of this section and RCW 77.55.110, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
(9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.
(10) For the purposes of this section, "sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments."
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "amending RCW 77.55.100; adding new sections to chapter 77.55 RCW; and creating a new section."
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 5375 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. 5375.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5375 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.
Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 16.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5375, 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. 5451, by Senators Benton, Prentice, Winsley, Keiser and Reardon (by request of Department of Financial Institutions)
Regulating escrow agents and officers.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 5451 was substituted for Senate Bill No. 5451 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5451 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. 5451.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5451 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5451, 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. 5427, Senators Rossi, Benton, Hewitt, Zarelli, Johnson, Stevens, McCaslin, Morton, Hale, Mulliken, Parlette, Roach, Schmidt, Brandland, Sheahan, Esser and Oke
Controlling State Expenditures.
MOTION
On motion of Senator Rossi, Substitute Senate Bill No. 5427 was substituted for Senate Bill No. 5427 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles, Betti Sheldon, Winsley, Fairley and Brown be adopted:
On page 2, beginning on line 29, strike "of the sum of inflation and population change" and insert "((of the sum of inflation and population)) change in personal income"
Debate ensued.
The President declared the question before the Senate to be the adoption the amendment by Senators Kohl-Welles, Betti Sheldon, Winsley, Fairley and Brown on page 2, beginning on line 29, to Substitute Senate Bill No. 5427.
The motion by Senator Kohl-Welles carried and the amendment was adopted on a rising vote.
MOTION
On motion of Senator Sheahan, further consideration of Substitute Senate Bill No. 5427 was deferred.
SECOND READING
SENATE BILL NO. 5522, by Senators T. Sheldon, Brandland, Carlson and Hale
Privatizing the sale of liquor.
MOTION
On motion of Senator Rossi, Substitute Senate Bill No. 5522 was substituted for Senate Bill No. 5522 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Tim Sheldon moved that the following amendments by Senators Tim Sheldon and Honeyford be considered simultaneously and be adopted:
On page 3, line 9, strike "at least"
On page 3, beginning on line 19, strike all of subsection (1) and insert the following:
"(1) The board may locate one contract liquor store within the area served by a closing state retail liquor store. The total inventory granted to a contract liquor store when it opens must not exceed the total volume that would have been granted to the closing state liquor store if it was still in operation at that time. The board may increase or decrease the amount of the combined inventory at contract liquor stores if demand for products changes, provided that the guidelines for the change of inventory are the same as those for inventory changes at state retail liquor stores."
On page 6, beginning on line 7, strike all of subsection (1) and insert the following:
"(1) The fee for purchasing a contract liquor store agreement when, immediately prior to the agreement's execution date, a state retail liquor store was in operation in the area served by the contract liquor store, is two percent of the average gross annual sales for the last five years at the state retail liquor store serving that area. This fee is to be paid to the board upon the execution of a contract liquor store agreement."
POINT OF INQUIRY
Senator Keiser: “Senator Sheldon, my question is, as I read these amendments, there is still a question of how much inventory would be used or sold in this one store. It says in these amendments that the board may increase or decrease the amount of the combined inventory at contract liquor stores if demand for the product changes. I am also wondering if these contract stores, then, have any restrictions on advertising to increase demand?”
Senator Tim Sheldon: “Thank you for your question, Senator Keiser. To answer the first part of your question, the inventory for the store can be no more than what the inventory has been carried in the past by the state liquor store. In the future, if the population increases, the board, then, has an opportunity to increase inventory to meet the demand. But, the demand cannot be stimulated by advertising. The demand cannot be stimulated by in-store displays. The demand cannot be stimulated by loss leaders. All the prices have to remain as the other stores in the state and all the restrictions on advertising and promotions are exactly the same as in the state stores.”
The President declared the question before the Senate to be the adoption of the amendments by Senators Tim Sheldon and Honeyford on page 3, lines 9 and 19, and page 6, line 7, to Substitute Senate Bill No. 5522.
The motion by Senator Tim Sheldon carried and the amendments were adopted.
MOTION
Senator Kohl-Welles moved that the following amendment be adopted:
On page 5, after "carrier" on line 27, insert the following:
"; (I) the applicant's agreement to hire the employees from the state liquor store closed under section 4 of this act at wages, salaries and benefits comparable to the wages, salaries and benefits the employees were paid at the state liquor store".
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Wells on page 5, after line 27, to Substitute Senate Bill No. 5522.
The motion by Senator Kohl-Welles failed and the amendment was not adopted.
MOTION
Senator Kohl-Welles moved that the following amendment be adopted:
On page 6, after "section." on line 28, insert the following:
"(4) The fee for purchasing a contract liquor store agreement shall be one-half of that required under subsection (1) of this section, if the manager of the contract liquor store is a former employee of the state liquor store closed under section 4 of this act in the area served by the contract liquor store. For a fee paid under this subsection, the fee shall be paid within one year after execution of the contract liquor store agreement."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Wells on page 6, after line 28, to Substitute Senate Bill No. 5522.
The motion by Senator Kohl-Welles failed and the amendment was not adopted.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Engrossed Substitute Senate Bill No. 5522 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
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. 5522.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Eide, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, Kastama, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 29.
Voting nay: Senators Brown, Doumit, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Shin, Spanel and Thibaudeau - 20.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5522, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5726, by Senators Morton, Rasmussen, Brandland, Parlette, Swecker and Jacobsen
Revising eligibility requirements for directors of cooperative associations.
The bill was read the second time.
MOTION
On motion of Senator Morton, the rules were suspended, Senate Bill No. 5726 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 Benton: “Senator Morton, can you explain to me what we are changing in the eligibility requirements for directors of cooperative associations?”
Senator Morton: “The board is now composed only of members of the coop. This would allow a non-member to become a member of the board, who has expertise in a certain area that would be requested by the board for that membership, so that person would also have voting rights--such as an accountant or a lawyer to give them speciality advise.”
Senator Benton: “Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5726.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5726 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5726, 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. 5891, by Senators Swecker and Rasmussen
Identifying livestock.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 5891 was substituted for Senate Bill No. 5891 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Swecker, the rules were suspended, Substitute Senate Bill No. 5891 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. 5891.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5891 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5891, 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. 5422, by Senators Benton, Prentice and Keiser (by request of Insurance Commissioner Kreidler)
Selling single premium credit insurance.
The bill was read the second time.
MOTION
On motion of Senator Benton, the rules were suspended, Senate Bill No. 5422 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. 5422.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5422 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SENATE BILL NO. 5422, 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 Prentice was excused.
SECOND READING
SENATE BILL NO. 5696, by Senators Honeyford, Prentice, Mulliken, Rasmussen, Deccio, Doumit and Parlette
Concerning sheepherder housing.
The bill was read the second time.
MOTION
On motion of Senator Honeyford, the rules were suspended, Senate Bill No. 5696 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. 5696.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5696 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 34.
Voting nay: Senators Brown, Eide, Fairley, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 14.
Excused: Senator Prentice - 1.
SENATE BILL NO. 5696, 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. 5596, by Senators Stevens, Hargrove, McAuliffe, Parlette and Winsley
Requiring that policies be developed on the reporting of custodial assaults at juvenile rehabilitation facilities and institutions.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 5596 was substituted for Senate Bill No. 5596 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Stevens, the rules were suspended, Substitute Senate Bill No. 5596 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. 5596.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5596 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5596, 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. 5733, by Senators Winsley, Thibaudeau and Kohl-Welles
Improving fairness and protection in boarding homes and adult family homes.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5733 was substituted for Senate Bill No. 5733 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. 5733 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. 5733.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5733 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 5733, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. Ladies and gentlemen of the Senate, nearly sixty years ago, I participated in the Invasion of Normandy in World War II. My unit was the Fifty-second Troop Carrier Wing and our mission was to carry infantry paratroopers with the Eighty-second and the One Hundred First Air Borne Division. Our task was to parachute them from C 47 Cargo planes and troop carrier gliders, as they jumped to the ground at Omaha Beach and St. Mary’s Church in the vicinity of the Cherberg Peninsula. As you know, we entered World War II late, even though we were urged by Britain and France and the other allies. It took the attack on Pearl Harbor for President Roosevelt to declare war.
“Ladies and gentlemen of the Senate, we have had our Pearl Harbor. It happened on September 11. During our prayer, every day, a minister prays for our guidance that we make the right decisions and have the courage to do the public good. Because, the war may begin at any time and because we will not be in session, I would ask that we do the same and ask for your prayers for the President, his advisors and most of all, the troops in the Persian Gulf, who will be engaged in conflict. The troops also include the two thousand three version of the Eighty-second of the One Hundred First Air Borne Division.
“Mr. President, if it is in order, I would like to ask Senator Morton to lead us in prayer for our president, our Country and our Troops.”
PRAYER BY SENATOR BOB MORTON
“Thank you, Mr. President and ladies and gentlemen. Let us pray.
“Our God and our Heavenly Father, we pause in the presence of our deliberation. We ask for your guidance and strength along with the leaders of the Free World. As together, many of them join in attacking the terrible Missile of Terrorism. We sincerely thank you God for the guidance that you have given this nation in years past–in wars past–in conflicts past. We pray for peace, but we also recognize that we must be protective of the principles and standards that have made this nation great and we must be protective of our very lives and those of our fellow citizens. So, we seek your guidance; we thank you for your blessings and we pray in grace. Amen.”
SECOND READING
SENATE BILL NO. 5212, by Senators Honeyford, Rasmussen, Roach, Mulliken, T. Sheldon and Parlette
Exempting certain work form the licensing requirements of chapter 19.28 RCW.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 5212 was substituted for Senate Bill No. 5212 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5212 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. 5212.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5212 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 31.
Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, McAuliffe, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 18.
SUBSTITUTE SENATE BILL NO. 5212, 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. 5355, by Senators Brandland, Jacobsen, Esser, Rasmussen, Parlette, Swecker, Sheahan, McCaslin and Mulliken
Prohibiting the use of intoxication as a defense.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 5355 was substituted for Senate Bill No. 5355 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5355 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 Stevens: “Senator Brandland, I am a little bit confused about this. This is a new subject for me. Can you explain the difference between the substitute bill and the original bill?”
Senator Brandland: “Actually, I don’t believe I can. I am not sure that I knew that that was going to occur.”
Senator Stevens: “Sorry, I didn’t mean to catch you off guard.”
Senator Brandland: “Well, you did and I feel duly humbled.”
Senator Stevens: “I didn’t mean to humble you. I am sorry.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5355.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5355 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senators Kline and Prentice - 2.
SUBSTITUTE SENATE BILL NO. 5355, 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 TO RECONSIDER SUBSTITUTE SENATE BILL NO. 5355
Having voted on the prevailing side, Senator Benton served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5355 passed the Senate.
SECOND READING
SENATE BILL NO. 5369, by Senators Winsley, Haugen, Hale, Oke and McCaslin
Regulating automated traffic safety cameras.
MOTION
On motion of Senator Winsley, Second Substitute Senate Bill No. 5369 was substituted for Senate Bill No. 5369 and the second substitute bill be placed on the second reading and read the second time.
MOTION
Senator Betti Sheldon moved that all the amendments proposed for Second Substitute Senate Bill No. 5369 be laid upon the table.
PARLIAMENTARY INQUIRY
Senator Zarelli: “A parliamentary inquiry, Mr. President. I would ask the President if it would be appropriate to ask that the question be divided and each amendment be voted on separately--to lay upon the table?”
REPLY BY THE PRESIDENT
President Owen: “Senator Zarelli, the answer to your inquiry is ‘yes.’ You can request that each or however many can be voted on independently--separately.”
PARLIAMENTARY INQUIRY
Senator Betti Sheldon: “A point of parliamentary inquiry, Mr. President. My motion was that all of the amendments be laid upon the table and that is an entire bulk of amendments as one motion.”
REPLY BY THE PRESIDENT
President Owen: “Senator Sheldon, that is correct. However, the rules provide that if any member so desires to divide the question, that they may do so.”
Senator Betti Sheldon: “Thank you, Mr. President.”
MOTION
Senator Zarelli moved that the question be divided and requested a roll call on each question.
REMARKS BY PRESIDENT OWEN
President Owen: “Senator Zarelli, the question to divide is not one that needs to be voted on, but you are asking for a roll call vote on the laying of the table of the amendment. Is that correct?”
REPLY BY SENATOR ZARELLI
Senator Zarelli: “Mr, President, maybe my request for a roll call is premature. I would ask that if the motion to lay upon the table is approved by the body, then I would request a roll call on each amendment to be laid upon the table individually with that question.”
The demand for the roll call was sustained.
The President declared the question before the Senate to be a roll call vote on the first amendments by Senators Benton and Hewitt on page 1, line 13, and page 2, lines, 32, 36 (2), to Second Substitute Senate Bill No. 5369.
The President declared the question before the Senate to be the roll call on whether the amendments be laid upon the table.
ROLL
The Secretary called the roll and the motion to lay the amendments on page 1, line 13, and page 2, lines 32, 36 (2) carried by the following vote: Yeas, 38; Nays, 11; Absent, 0; Excused, 0.
Voting yea: Senators Brandland, Brown, Carlson, Deccio, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Rossi, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 38.
Voting nay: Senators Benton, Esser, Finkbeiner, Hale, Honeyford, Johnson, Morton, Mulliken, Roach, Sheldon, T. and Zarelli - 11.
POINT OF ORDER
Senator Sheahan: “Mr. President, a point of order. What time is it?”
REPLY BY THE PRESIDENT
President Owen: “It is 4:55 p.m. and time to go to the Special Order of Business on Senate Bill No. 6012.”
MOTION
Senator Betti Sheldon moved that Second Substitute Senate Bill No. 5369 be a Special Order of Business at 4:58 p.m.
The President declared the question before the Senate to be the motion by Senator Betti Sheldon to make Second Substitute Senate Bill No. 5369 a Special Order of Business at 4:58 p.m. today.
Debate ensued.
The motion by Senator Betti Sheldon to make Second Substitute Senate Bill No. 5369 a special order of business failed.
SPECIAL ORDER OF BUSINESS - SENATE BILL NO. 6012
SECOND READING
SENATE BILL NO. 6012, by Senators Mulliken, T. Sheldon and Morton
Codifying shoreline rules.
MOTION
On motion of Senator Mulliken, Substitute Senate Bill No. 6012 was substituted for Senate Bill No. 6012 and the substitute bill was placed on the second reading calendar and read the second time.
SPECIAL ORDER OF BUSINESS - SENATE BILL NO. 5658
The President announced that it was now 4:59 p.m. and time for the special order of business on Senate Bill No. 5658.
SECOND READING
SENATE BILL NO. 5658, by Senators Mulliken, Haugen, T. Sheldon, Morton and Rasmussen
Concerning use of the best available science under the growth management act.
MOTION
On motion of Senator Mulliken, Substitute Senate Bill No. 5658 was substituted for Senate Bill No. 5658 and the substitute bill was placed on the second reading calendar and read the second time.
On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 5658 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. 5658.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5658 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Keiser, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Rossi, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 34.
Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 14.
Absent: Senator Schmidt - 1
SUBSTITUTE SENATE BILL NO. 5658, 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 Senate resumed consideration of Substitute Senate Bill No. 6012, deferred earlier today to consider the Special Order of Business on Senate Bill No. 5658.
MOTION
Senator Fraser moved that the following striking amendment by Senators Fraser, Kline and Winsley be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.58.060 and 1995 c 347 s 304 are each amended to read as follows:
(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:
(a) Development of master programs for regulation of the uses of shorelines; and
(b) Development of master programs for regulation of the uses of shorelines of statewide significance.
(2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:
(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.
(b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.
(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.
(3) The department may ((propose)) adopt amendments to the guidelines not more than once each year. ((At least once every five years)) Such amendments shall be limited to: (a) Addressing technical or procedural issues that result from the review and adoption of master programs under the guidelines; or (b) issues of guideline compliance with statutory provisions. Beginning July 1, 2015, and every seven years thereafter, the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.
Sec. 2. RCW 90.58.080 and 1995 c 347 s 305 are each amended to read as follows:
(1) Local governments shall develop or amend((, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060,)) a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department in accordance with the schedule established by this section.
(2)(a) Subject to the provisions of subsections (5) and (6) of this section, each local government subject to this chapter shall develop or amend its master program for the regulation of uses of shorelines within its jurisdiction according to the following schedule:
(I) On or before December 1, 2011, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(ii) On or before December 1, 2012, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(iii) On or before December 1, 2013, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(iv) On or before December 1, 2014, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(b) Nothing in this subsection (2) shall preclude a local government from developing or amending its master program prior to the dates established by this subsection (2).
(3)(a) Any jurisdiction that has a new or substantially amended master program approved by the department on or after March 1, 2002, but before the effective date of this section, shall not be required to complete master program amendments until seven years after the applicable date provided by subsection (2)(a)(I) of this section.
(b) Following approval by the department of a new or amended master program, local governments choosing to develop or amend master programs on or before December 1, 2009, shall be deemed to have complied with the schedule established by subsection (2)(a)(I) through (iv) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsection (2)(a)(I) through (iv) of this section.
(4) Local governments shall conduct a comprehensive review of their master programs at least once every seven years after the applicable dates established by subsection (2)(a)(I) through (iv) of this section. Following the review required by this subsection (4), local governments shall, as necessary, revise their master programs. The purpose of the review and revision is:
(a) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and
(b) To assure consistency of the master program with the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements.
(5) Local governments are encouraged to begin the process of developing or amending their master programs early and are eligible for grants from the department as provided by RCW 90.58.250, subject to available funding. The deadline for completion of the new or amended master programs shall be two years after the date the grant is approved by the department. However, for local governments choosing to begin such process prior to December 1, 2009, the deadline for completion of the new or amended master program shall be mutually determined by the local government and the department as a condition of the grant agreement, but such deadline shall not be later than the applicable dates established by subsection (2)(a)(I) through (iv) of this section. Subsequent master program review dates shall not be altered by the provisions of this subsection.
(6)(a) Grants to local governments for developing and amending master programs pursuant to the schedule established by this section shall be provided at least two years before the adoption dates specified in subsection (2) of this section. To the extent possible, the department shall allocate grants within the amount appropriated for such purposes to provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend master programs during the biennium according to the schedule established by subsection (2) of this section. Any local government that applies for but does not receive funding to comply with the provisions of subsection (2) of this section may delay the development or amendment of its master program until the following biennium.
(b) Local governments with delayed compliance dates as provided in (a) of this subsection shall be the first priority for funding in subsequent biennia, and the development or amendment compliance deadline for those local governments shall be two years after the date of grant approval.
(c) Failure of the local government to apply in a timely manner for a master program development or amendment grant in accordance with the requirements of the department shall not be considered a delay resulting from the provisions of (a) of this subsection.
(7) Notwithstanding the provisions of this section, all local governments subject to the requirements of this chapter that have not developed or amended master programs on or after March 1, 2002, shall, no later than December 1, 2014, develop or amend their master programs to comply with guidelines adopted by the department after January 1, 2003.
Sec. 3. RCW 90.58.250 and 1971 ex.s. c 286 s 25 are each amended to read as follows:
(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by RCW 90.58.080. Except as specifically described herein, nothing in this act is intended to alter the existing obligation, duties, and benefits provided by this act to local governments and the department.
(2) The department is directed to cooperate fully with local governments in discharging their responsibilities under this chapter. Funds shall be available for distribution to local governments on the basis of applications for preparation of master programs and the provisions of RCW 90.58.080(7). Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer grants within appropriations authorized by the legislature to any local government within the state for the purpose of developing a master shorelines program.
((No grant shall be made in an amount in excess of the recipient's contribution to the estimated cost of such program.))"
POINT OF ORDER
Senator Mulliken: “ A point of order, Mr. President. I have been looking at the proposed striking amendment and I would ask for a ruling on scope and object. This striker, from my observation, is that this is about implementing some timelines and some unlimited staff funding. Let’s see it just says, ‘ The Legislature intends to limit eliminate any limits of state funding’ and talks about timelines. The underlying bill is actually about codifying the Shorelines Guidelines, prior to the ninety-five direction of the Legislature. So, it is not--the striker has nothing to do with the bill.”
REMARKS BY SENATOR FRASER
Senator Fraser: “Thank you, Mr. President. Both deal with the Shoreline Guidelines and urge you to so rule.”
PERSONAL PRIVILEGE
Senator Hargrove: “A point of personal privilege, Mr. President. This has been a very frustrating session. We have a big budget crisis We have a lot of stress. Now, we are having a lot of controversy. I would like to ask a little friend of mine (a toy) to kind of state exactly how I feel about the whole thing. You broke it , Senator Shin.”
MOTION
At 5:12 p.m., on motion of Senator Sheahan, the Senate was declared to be at ease.
The Senate was called to order at 5:33 p.m. by President Owen.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6012 and the pending striking amendment by Senators Fraser, Kline and Winsley, deferred before going at ease.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Mulliken as to the scope and object of the striking amendment by Senators Fraser, Kline and Winsley to Substitute Senate Bill 6012, the President finds and rules as follows:
“Substitute Senate Bill No. 6012 is a measure related to shoreline master programs which establishes, in statute, guidelines. The amendment also relates to shoreline master program guidelines and provides timelines for updating those guidelines. The fact that the underlying bill and the proposed amendment set forth different guidelines is simply a matter of policy for the body to decide.
“The President, therefore, finds that Senator Mulliken's point is not well taken and the striking amendment is ruled to be in order.”
The striking amendment by Senators Fraser, Kline and Winsley, to Substitute Senate Bill No. 6012 was ruled to be in order.
Debate on the striking amendment continued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senators Fraser, Kline and Winsley to Substitute Senate Bill No. 6012.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.
Voting nay: Senators Benton, Brandland, Deccio, Doumit, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.
MOTION
On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 6012 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. 6012.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6012 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 31.
Voting nay: Senators Brown, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 18.
SUBSTITUTE SENATE BILL NO. 6012, 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 Sheahan, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 19, 2003
MR. PRESIDENT:
The Speaker has signed SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4005.
MOTION
At 5:46 p.m., on motion of Senator Sheahan, the Senate adjourned until 12:00 noon, Thursday, March 20, 2003.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, Jr., Secretary of the Senate