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THIRTY-SIXTH DAY
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AFTERNOON SESSION
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Senate Chamber, Olympia, Monday, February 16, 2004
The Senate was called to order at 1:30 p.m. by President Pro Tempore. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.
The Sergeant at Arms Color Guard consisting of Pages Robyn Best and Brittney Horn presented the Colors. Senator Val Stevens, offered the prayer.
Miss Lynn Rehn, guest of Senator Pflug sang the National Anthem.
MOTION
On motion of Senator Esser, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Esser, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
February 13, 2004
MR. PRESIDENT:
The House has passed the following bills:
SECOND SUBSTITUTE HOUSE BILL NO. 1897,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2481,
SUBSTITUTE HOUSE BILL NO. 2680,
ENGROSSED HOUSE BILL NO. 2694,
SUBSTITUTE HOUSE BILL NO. 2708,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2784,
SUBSTITUTE HOUSE BILL NO. 2849,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2851,
SUBSTITUTE HOUSE BILL NO. 2871,
SUBSTITUTE HOUSE BILL NO. 2919,
SUBSTITUTE HOUSE BILL NO. 2929,
SUBSTITUTE HOUSE BILL NO. 3001,
SUBSTITUTE HOUSE BILL NO. 3043,
SUBSTITUTE HOUSE BILL NO. 3066,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3078,
SUBSTITUTE HOUSE BILL NO. 3084,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 13, 2004
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1031,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1151,
SUBSTITUTE HOUSE BILL NO. 1488,
SUBSTITUTE HOUSE BILL NO. 1603,
SUBSTITUTE HOUSE BILL NO. 1867,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2441,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2479,
ENGROSSED HOUSE BILL NO. 2654,
SUBSTITUTE HOUSE BILL NO. 2657,
SUBSTITUTE HOUSE BILL NO. 2670,
SUBSTITUTE HOUSE BILL NO. 2711,
SECOND SUBSTITUTE HOUSE BILL NO. 2818,
SUBSTITUTE HOUSE BILL NO. 3020,
SUBSTITUTE HOUSE BILL NO. 3051,
SECOND SUBSTITUTE HOUSE BILL NO. 3085,
SUBSTITUTE HOUSE BILL NO. 3090,
SUBSTITUTE HOUSE BILL NO. 3092,
SUBSTITUTE HOUSE BILL NO. 3175,
HOUSE JOINT MEMORIAL NO. 4040,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 13, 2004
MR. PRESIDENT:
The House passed the following bills:
SECOND SUBSTITUTE HOUSE BILL NO. 1828,
ENGROSSED HOUSE BILL NO. 2364,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2469,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2513,
SUBSTITUTE HOUSE BILL NO. 2618,
SUBSTITUTE HOUSE BILL NO. 2621,
SUBSTITUTE HOUSE BILL NO. 2626,
SUBSTITUTE HOUSE BILL NO. 2635,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2769,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2771,
ENGROSSED SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4042,
HOUSE JOINT RESOLUTION NO. 4205,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 14, 2004
MR. PRESIDENT:
The House has passed the following bills:
SUBSTITUTE HOUSE BILL NO. 1982,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2383,
SECOND SUBSTITUTE HOUSE BILL NO. 2704,
SUBSTITUTE HOUSE BILL NO. 2707,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2892,
SUBSTITUTE HOUSE BILL NO. 2920,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 3026,
SUBSTITUTE HOUSE BILL NO. 3081,
SUBSTITUTE HOUSE BILL NO. 3083,
SECOND SUBSTITUTE HOUSE BILL NO. 3112,
SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4416,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
February 13, 2004
MR. PRESIDENT:
The House has passed the following bills:
SECOND SUBSTITUTE HOUSE BILL NO. 1230,
ENGROSSED HOUSE BILL NO. 1333,
SUBSTITUTE HOUSE BILL NO. 1369,
SUBSTITUTE HOUSE BILL NO. 2298,
SUBSTITUTE HOUSE BILL NO. 2299,
SECOND SUBSTITUTE HOUSE BILL NO. 2339,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2356,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2478,
SUBSTITUTE HOUSE BILL NO. 2489,
ENGROSSED HOUSE BILL NO. 2545,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2556,
SUBSTITUTE HOUSE BILL NO. 2582,
SUBSTITUTE HOUSE BILL NO. 2596,
SUBSTITUTE HOUSE BILL NO. 2802,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
On motion of Senator Esser, the Senate advanced to the fifth order of business.
INTRODUCTIONS AND FIRST READING
SJM 8055 by Senators Roach, Kastama, Rasmussen, Franklin, Oke, Winsley and Stevens
Requesting funding for fish passage needs on the White River.
Referred to Committee on Parks, Fish & Wildlife.
INTRODUCTIONS AND FIRST READING OF HOUSE BILLS
ESHB 1013 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Morris, Miloscia, Eickmeyer, Linville, Chase, Anderson, Ruderman, Mielke, Conway, Bush, Haigh and Sullivan)
Requiring a performance audit of the utilities and transportation commission.
Referred to Committee on Technology & Communications.
E2SHB 1019 by House Committee on State Government (originally sponsored by Representatives Nixon, Ruderman, Lantz, Woods and Upthegrove)
Protecting the identity of electronic toll payers. Revised for 2nd Substitute: Protecting identification of persons who pay tolls electronically.
Referred to Committee on Highways & Transportation.
SHB 1021 by House Committee on State Government (originally sponsored by Representatives Nixon and Mielke)
Eliminating drop-in inspections of campaign accounts.
Referred to Committee on Government Operations & Elections.
HB 1072 by Representatives Haigh and Armstrong; by request of Legislative Ethics Board
Increasing options in ethics investigations.
Referred to Committee on Government Operations & Elections.
HB 1133 by Representatives Carrell, Cairnes, Kristiansen, Hinkle, McMahan and Mielke
Requiring county assessors to submit an annual property tax report to the department of revenue.
Referred to Committee on Government Operations & Elections.
SHB 1227 by House Committee on Commerce & Labor (originally sponsored by Representatives Pflug, Wood, Conway and Chandler)
Concerning promotional contests of chance.
Referred to Committee on Commerce & Trade.
SHB 1257 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Carrell, Haigh, O'Brien and Shabro)
Using dogs for fighting.
Referred to Committee on Judiciary.
SHB 1258 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Carrell, Roach, Talcott, Kirby, Newhouse, Conway, McMahan, Kristiansen, Boldt, Flannigan, McDonald, Bush, Lantz, Cairnes, O'Brien, Shabro, Schindler, Ahern, Priest, Benson, Nixon, Chase and Anderson)
Committing sexually violent predators.
Referred to Committee on Children & Family Services & Corrections.
SHB 1283 by House Committee on Judiciary (originally sponsored by Representatives Lovick, Pettigrew, O'Brien, Cooper, G. Simpson, Kagi, Moeller, Chase, Rockefeller, Lantz and Cairnes)
Adjusting time requirements for vacation of convictions. Revised for 1st Substitute: Allowing for vacation of a record of conviction of a misdemeanor or gross misdemeanor even if the applicant had the record of another conviction vacated.
Referred to Committee on Judiciary.
ESHB 1498 by House Committee on Health Care (originally sponsored by Representatives Morrell, Campbell, Cody, Kagi and Santos)
Modifying the scope of care provided by physical therapists.
Referred to Committee on Health & Long-Term Care.
ESHB 1569 by House Committee on State Government (originally sponsored by Representatives Armstrong, Haigh, Nixon, Miloscia, Tom, McDermott, Shabro and Benson)
Excluding certain information supplied by a bidder on a public bid from public disclosure.
Referred to Committee on Government Operations & Elections.
HB 1575 by Representatives Conway, DeBolt, Cooper, Fromhold, Crouse, Orcutt, Hudgins, Campbell, Berkey and Kenney
Expanding membership of the electrical board by appointment of one outside line worker.
Referred to Committee on Commerce & Trade.
HB 1580 by Representatives Lantz, Carrell, Flannigan, Campbell, Morris and Pettigrew
Revising provisions of the personality rights act.
Referred to Committee on Judiciary.
HB 1583 by Representatives Kirby and Campbell
Changing requirements for issuing salary warrants for judges.
Referred to Committee on Judiciary.
HB 1589 by Representatives Murray and Woods
Allowing annual permits for oversize towing operations.
Referred to Committee on Highways & Transportation.
SHB 1594 by House Committee on Local Government (originally sponsored by Representatives Berkey, Haigh, Dunshee, Romero, Mielke, Benson, Ahern, Moeller, Wood, Alexander, Hinkle and Sullivan)
Clarifying the role of a chief financial officer in a charter county. Revised for 1st Substitute: Concerning the duties of a financial officer in a charter county.
Referred to Committee on Government Operations & Elections.
EHB 1615 by Representatives Dunshee, Pearson, Lovick, Kristiansen, Berkey, Sullivan and Wood
Requiring vehicle sound system components to be securely attached.
Referred to Committee on Highways & Transportation.
ESHB 1656 by House Committee on Finance (originally sponsored by Representatives Ruderman, Nixon, McIntire and Cairnes)
Modifying fees for locating unclaimed property.
Referred to Committee on Financial Services, Insurance & Housing.
2ESHB 1660 by House Committee on State Government (originally sponsored by Representatives McDermott, Armstrong and Dickerson)
Increasing accountability of ballot measure petitions.
Referred to Committee on Government Operations & Elections.
EHB 1677 by Representatives Shabro, Newhouse, Bailey, Roach, Bush, Boldt, Chandler, Linville, Quall and McDermott
Authorizing a county to exempt certain property used in agriculture from taxation.
Referred to Committee on Agriculture.
SHB 1691 by House Committee on Commerce & Labor (originally sponsored by Representatives Grant, Conway, Campbell, Wood, Kenney, Morrell, Crouse, Rockefeller, Holmquist, McCoy and Pflug)
Authorizing advanced registered nurse practitioners to examine, diagnose, and treat injured workers covered by industrial insurance.
Referred to Committee on Commerce & Trade.
2SHB 1702 by House Committee on Transportation (originally sponsored by Representatives Hatfield, Mielke, Romero, Armstrong, Cooper, Blake, Boldt, Orcutt, Santos, McCoy, Alexander, Schoesler, Chandler, Grant, Schindler and Condotta)
Recovering costs for motorist information signs.
Referred to Committee on Highways & Transportation.
ESHB 1723 by House Committee on Finance (originally sponsored by Representatives Carrell, Gombosky, Talcott, Cairnes and Roach)
Exempting qualified historic property from the state property tax.
Referred to Committee on Ways & Means.
ESHB 1741 by House Committee on Local Government (originally sponsored by Representatives Romero, Lantz, Mielke, O'Brien, Edwards, Chase and Schindler)
Prohibiting discrimination against consumers' choices in housing.
Referred to Committee on Financial Services, Insurance & Housing.
SHB 1820 by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Pettigrew, Kagi, Santos and Kenney)
Changing provisions concerning youth shelter notification to parents about runaway youth.
Referred to Committee on Children & Family Services & Corrections.
E2SHB 1840 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Clibborn, Jarrett, Rockefeller, O'Brien, Skinner, Hankins, Edwards, Nixon, Pettigrew, Sullivan, Hunt, Moeller, Schindler, Mielke, Kenney, Haigh, Linville, Lovick, Chase, Darneille and Tom)
Authorizing nonprofit corporations to participate in self-insurance risk pools.
Referred to Committee on Financial Services, Insurance & Housing.
SHB 1862 by House Committee on Health Care (originally sponsored by Representatives Ruderman, Pflug, Cody, Skinner, Clibborn, Benson, Chase, Anderson, Campbell, Conway and Dickerson)
Regulating naturopathic physicians.
Referred to Committee on Health & Long-Term Care.
ESHB 1872 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Blake, Veloria, Chase, Santos and Hatfield)
Providing for linked deposit loans for assistive technology.
Referred to Committee on Financial Services, Insurance & Housing.
ESHB 1879 by House Committee on Finance (originally sponsored by Representatives Gombosky and Cairnes)
Coordinating the state collection and administration of sales and use taxes imposed by tribal municipalities. Revised for 1st Substitute: Simplifying the concurrent taxing jurisdictions of the tribal municipalities and the state.
Referred to Committee on Ways & Means.
HB 1895 by Representatives Campbell and Kirby
Limiting when the presence of a dog may affect the availability of homeowner's insurance.
Referred to Committee on Financial Services, Insurance & Housing.
SHB 1995 by House Committee on Education (originally sponsored by Representative Quall)
Changing the disposition of proceeds from the lease, rental, or sale of school district real property. Revised for 1st Substitute: Changing the allowed disposition of proceeds from the lease, rental, or occasional use of school district real property.
Referred to Committee on Education.
HB 2014 by Representatives Flannigan, Delvin, Kirby, Moeller, Lovick, Lantz, G. Simpson, Shabro, Edwards and Kagi
Preventing denial of insurance coverage for injuries caused by narcotic or alcohol use.
Referred to Committee on Health & Long-Term Care.
ESHB 2043 by House Committee on Judiciary (originally sponsored by Representatives Kirby, Campbell and Carrell)
Changing provisions relating to dangerous dogs.
Referred to Committee on Judiciary.
HB 2100 by Representatives Romero, Veloria and Wallace; by request of Washington State Patrol
Adding an ex officio member to the building code council.
Referred to Committee on Government Operations & Elections.
SHB 2234 by House Committee on Capital Budget (originally sponsored by Representatives Romero, Schoesler, Hunt, Dunshee and Alexander)
Creating the legislative buildings committee.
Referred to Committee on Ways & Means.
HB 2244 by Representative Delvin
Limiting outdoor burning when a fire safety burn ban is declared.
Referred to Committee on Natural Resources, Energy & Water.
SHB 2300 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler and McMorris; by request of Department of Agriculture)
Applying pesticides.
Referred to Committee on Agriculture.
HB 2301 by Representatives Linville and Schoesler; by request of Department of Agriculture
Including severability clauses in commodity commission statutes.
Referred to Committee on Agriculture.
SHB 2307 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Schoesler, Linville, Sump, Cox, Delvin, Armstrong and Hinkle)
Concerning appointment to a water conservancy board.
Referred to Committee on Natural Resources, Energy & Water.
SHB 2313 by House Committee on Commerce & Labor (originally sponsored by Representatives Carrell, Boldt and Mielke)
Regulating bail bond recovery agents.
Referred to Committee on Commerce & Trade.
EHB 2318 by Representatives Orcutt, Hatfield, Mielke, Rockefeller and Newhouse
Concerning the verification of a landowner as a small forest landowner.
Referred to Committee on Natural Resources, Energy & Water.
SHB 2319 by House Committee on Transportation (originally sponsored by Representatives Wallace, Armstrong, Murray, Campbell, Wood, Jarrett, Morrell, Lovick, Cooper, Sullivan, Kenney, Condotta, Chase and Edwards)
Regulating traffic signal preemption devices.
Referred to Committee on Highways & Transportation.
SHB 2321 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Sump, Grant and Pearson; by request of Commissioner of Public Lands)
Clarifying the definitions of certain natural resources terms.
Referred to Committee on Natural Resources, Energy & Water.
SHB 2329 by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Kenney, Upthegrove, Delvin, Moeller, Edwards and Darneille)
Revising provisions relating to mental health treatment for minors. Revised for 1st Substitute: Mntl health treament/minors
Referred to Committee on Children & Family Services & Corrections.
HB 2332 by Representatives Sullivan, Upthegrove, Fromhold and Hudgins
Creating the investing in innovation account.
Referred to Committee on Technology & Communications.
HB 2344 by Representatives Alexander, Sommers, Romero, Hunt and Moeller; by request of Department of General Administration
Managing the motor pool within the department of general administration.
Referred to Committee on Government Operations & Elections.
HB 2345 by Representatives Sommers, Alexander, Romero, Hunt, Kenney, Sullivan and Moeller; by request of Department of General Administration
Establishing a commemorative works account for the department of general administration.
Referred to Committee on Ways & Means.
SHB 2350 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Ericksen, Moeller and Benson)
Regulating fees for using an automated teller machine.
Referred to Committee on Financial Services, Insurance & Housing.
ESHB 2354 by House Committee on Health Care (originally sponsored by Representatives Kristiansen, McMahan, Newhouse, Roach, McDonald, Sullivan, Ahern, G. Simpson, Pearson, Morrell, Bailey and Benson)
Allowing for a discount on medicare supplement insurance policies when premiums are deposited automatically. Revised for 1st Substitute: Allowing for a discount on medicare supplement insurance policies when premiums are deposited automatically. (REVISED FOR ENGROSSED: Concerning rates for a medicare supplement insurance policy.)
Referred to Committee on Health & Long-Term Care.
SHB 2361 by House Committee on Children & Family Services (originally sponsored by Representatives Kagi, O'Brien, Kenney, Wood, Dickerson, Schual-Berke, Boldt, Morrell and Darneille)
Requiring development and implementation of policies concerning visitation for children in foster care. Revised for 1st Substitute: Requiring development of policies concerning visitation for children in foster care.
Referred to Committee on Children & Family Services & Corrections.
SHB 2366 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Campbell, McDonald, Delvin, Conway, Sullivan, Hankins, Moeller, McDermott, Kenney, Morrell and Hudgins; by request of Department of Agriculture)
Promoting Washington state agriculture.
Referred to Committee on Agriculture.
SHB 2367 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Schoesler, Campbell, McDonald, Delvin, Sullivan, Hunt, Moeller, McDermott, Kenney and Morrell; by request of Department of Agriculture)
Promoting Washington-grown apples.
Referred to Committee on Agriculture.
HB 2377 by Representatives Lovick and Dickerson
Reorganizing provisions concerning mental health services for minors.
Referred to Committee on Children & Family Services & Corrections.
HB 2380 by Representatives Grant, Armstrong, Upthegrove, Schoesler, Linville, Nixon, Ruderman, Hunter, Woods and Orcutt
Requiring the governor's signature on significant legislative rules.
Referred to Committee on Government Operations & Elections.
ESHB 2381 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Chase, Miloscia, Morrell and Moeller)
Ensuring the quality of degree-granting institutions of higher education.
Referred to Committee on Higher Education.
SHB 2382 by House Committee on Higher Education (originally sponsored by Representatives Kenney, Cox, Fromhold, Nixon, Anderson, Ruderman, Chase, Schual-Berke, Miloscia, Hudgins, Wood, Morrell, Santos, Moeller and Kagi)
Improving articulation and transfer between institutions of higher education.
Referred to Committee on Higher Education.
HB 2387 by Representatives Carrell, Talcott, Bush, Lantz, Cox, Pearson, McMahan, Kristiansen, Mielke, Boldt, Morrell, Orcutt and Ahern
Authorizing the release of patient records for the purpose of restoring state mental health hospital cemeteries.
Referred to Committee on Children & Family Services & Corrections.
SHB 2394 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Newhouse, Linville, Clements, Schoesler, McMorris, Orcutt, Holmquist, Delvin, Hinkle and Grant)
Extending a wildlife crop damage reimbursement program.
Referred to Committee on Natural Resources, Energy & Water.
HB 2395 by Representatives Kirby, Dickerson, Lantz, O'Brien and Kenney
Modifying the statute of limitations for childhood sexual abuse civil cases.
Referred to Committee on Judiciary.
SHB 2404 by House Committee on Health Care (originally sponsored by Representative Nixon)
Establishing requirements for cancer registry information to be provided to cancer patients.
Referred to Committee on Health & Long-Term Care.
SHB 2414 by House Committee on Health Care (originally sponsored by Representatives Kenney, Campbell, Morrell, Hankins, Cody, Clibborn, Edwards, Armstrong, Ormsby, Conway, Dickerson and Moeller)
Refining membership of the nursing care quality assurance commission.
Referred to Committee on Health & Long-Term Care.
HB 2415 by Representatives Haigh, Talcott, Wallace, Armstrong, Fromhold, Anderson, Upthegrove, G. Simpson, Morrell, Conway and Rockefeller
Defining veteran for certain purposes.
Referred to Committee on Government Operations & Elections.
HB 2418 by Representatives Cooper, Delvin, G. Simpson, Hinkle, Chase and Morrell
Providing benefits to certain disabled members of the law enforcement officers' and fire fighters' retirement system plan 2.
Referred to Committee on Ways & Means.
HB 2419 by Representatives G. Simpson, Delvin, Cooper, Hinkle, Chase, Morrell and Conway
Calculating the retirement allowance of a member of the law enforcement officers' and fire fighters' retirement system plan 2 who is killed in the course of employment.
Referred to Committee on Ways & Means.
HB 2420 by Representatives Hunter, Armstrong, Nixon, Tom, Hunt, Jarrett, Haigh, Ruderman, Clibborn, Upthegrove and Moeller
Revising provisions for counting votes on ballots for write-in candidates.
Referred to Committee on Government Operations & Elections.
SHB 2433 by House Committee on State Government (originally sponsored by Representatives Hatfield, Clements, Haigh, Grant, Armstrong, Blake, Sump and Condotta)
Changing provisions relating to a candidate appearing on a ballot for two offices.
Referred to Committee on Government Operations & Elections.
HB 2438 by Representatives Buck, Kessler, Schoesler, Haigh, Eickmeyer, Hatfield and Blake
Revising provision for elections for changing a municipal plan of government.
Referred to Committee on Government Operations & Elections.
HB 2450 by Representatives Haigh, Lantz, Romero, Armstrong, Bush, Moeller, Rockefeller and Hankins; by request of Washington State Patrol
Authorizing background checks on gubernatorial appointees.
Referred to Committee on Government Operations & Elections.
SHB 2452 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Morris and Crouse)
Regulating sites for construction and operation of unstaffed public or private electric utility facilities.
Referred to Committee on Land Use & Planning.
HB 2453 by Representatives Fromhold, Roach and Condotta
Modifying the taxation of wholesale sales of new motor vehicles.
Referred to Committee on Ways & Means.
HB 2454 by Representatives Buck, Eickmeyer, Armstrong and Bush
Allowing DNR to accept voluntary contributions.
Referred to Committee on Parks, Fish & Wildlife.
SHB 2455 by House Committee on Education (originally sponsored by Representatives Santos, Anderson and G. Simpson)
Providing for financial literacy.
Referred to Committee on Financial Services, Insurance & Housing.
SHB 2457 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Hatfield and Buck)
Allowing title insurance companies to provide a guarantee covering its agents.
Referred to Committee on Financial Services, Insurance & Housing.
SHB 2462 by House Committee on Education (originally sponsored by Representatives Quall, Haigh and Talcott)
Providing for disposition of funds from teachers' cottages.
Referred to Committee on Education.
EHB 2471 by Representatives Lovick, Delvin, O'Brien, Edwards, Chase, Ahern, D. Simpson, Kessler, Kirby, Pettigrew, Lantz, Rockefeller, McCoy, Murray, Eickmeyer, Sullivan, Miloscia, Haigh, Dickerson, Hunt, Grant, McDermott, Romero, Ormsby, Darneille, McDonald, Morrell, Wallace, Skinner, Kenney, Moeller, Dunshee, Hudgins, Hankins, Hinkle, Pearson, Santos, Wood, McMahan, Clibborn, G. Simpson, Fromhold, Hunter, Talcott, Kristiansen, Hatfield, Condotta and Conway
Authorizing special license plates to honor law enforcement officers killed in the line of duty.
Referred to Committee on Highways & Transportation.
HB 2484 by Representatives Conway, McMorris and Wood; by request of State Board of Accountancy
Modifying the public accountancy act.
Referred to Committee on Financial Services, Insurance & Housing.
HB 2490 by Representatives Haigh and Armstrong
Providing for representation on governing body for public hospital district that joins with another entity.
Referred to Committee on Government Operations & Elections.
HB 2498 by Representative Boldt
Revising funding constraints affecting the Washington WorkFirst program.
Referred to Committee on Children & Family Services & Corrections.
SHB 2504 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Schoesler, Grant, Holmquist, Cox, Newhouse, Hinkle, Chandler, Sump and McMorris)
Concerning water policy in regions with regulated reductions in aquifer levels.
Referred to Committee on Natural Resources, Energy & Water.
HB 2505 by Representatives Schual-Berke, Nixon and Chase; by request of Washington Council for Prevention of Child Abuse and Neglect
Revising the fee for birth certificates suitable for display.
Referred to Committee on Children & Family Services & Corrections.
SHB 2506 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Hinkle, Armstrong, Blake, Shabro, Buck, Hatfield, Upthegrove, Condotta, Moeller, McMorris and Bush)
Allowing access roads to private property surrounded by certain public lands. Revised for 1st Substitute: Concerning easements and rights in state-owned lands.
Referred to Committee on Natural Resources, Energy & Water.
HB 2509 by Representatives McCoy, Condotta, Conway, McMorris, Moeller and Chase; by request of Employment Security Department
Correcting certain references dealing with unemployment compensation.
Referred to Committee on Commerce & Trade.
SHB 2510 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, McCoy, Condotta, McMorris and Chase; by request of Employment Security Department)
Modifying provisions concerning unemployment compensation.
Referred to Committee on Commerce & Trade.
HB 2534 by Representatives Fromhold, Alexander, Conway, Rockefeller, G. Simpson, Chase and Morrell; by request of Select Committee on Pension Policy
Providing death benefits for members of the Washington state patrol retirement system plan 2.
Referred to Committee on Ways & Means.
HB 2535 by Representatives Alexander, Fromhold, Conway, Rockefeller, G. Simpson, Kessler, Moeller, Chase, Bush and Armstrong; by request of Select Committee on Pension Policy
Permitting members of the public employees' retirement system plan 2 and plan 3 and the school employees' retirement system plan 2 and plan 3 who qualify for early retirement or alternate early retirement to make a one-time purchase of additional service credit.
Referred to Committee on Ways & Means.
HB 2536 by Representatives Alexander, Fromhold, Conway, Rockefeller, G. Simpson, Moeller, Chase, Bush and Armstrong; by request of Select Committee on Pension Policy
Permitting members of the public employees' retirement system plan 2 and plan 3 and the school employees' retirement system plan 2 and plan 3 to buy down the early retirement reduction amounts.
Referred to Committee on Ways & Means.
SHB 2538 by House Committee on Appropriations (originally sponsored by Representatives Conway, Fromhold, Alexander, Rockefeller, Upthegrove, G. Simpson, Moeller, Chase, Bush and Armstrong; by request of Select Committee on Pension Policy)
Establishing a one thousand dollar minimum monthly benefit for public employees' retirement system plan 1 members and teachers' retirement system plan 1 members who have at least twenty-five years of service and who have been retired at least twenty years.
Referred to Committee on Ways & Means.
HB 2542 by Representatives Fromhold, Alexander, Conway, G. Simpson, Moeller and Chase; by request of Select Committee on Pension Policy
Allowing members of the teachers' retirement system plan 1 who are employed less than full time as psychologists, social workers, nurses, physical therapists, occupational therapists, or speech language pathologists or audiologists to annualize their salaries when calculating their average final compensation.
Referred to Committee on Ways & Means.
HB 2547 by Representatives D. Simpson, Cairnes, Haigh, Conway, McCoy, G. Simpson, Chase and Orcutt; by request of Department of Revenue and Department of Veterans Affairs
Clarifying the property taxation of vehicles carrying exempt licenses.
Referred to Committee on Ways & Means.
ESHB 2550 by House Committee on Children & Family Services (originally sponsored by Representative Boldt)
Providing a liaison for community-based and faith-based social service organizations that receive no public funds. Revised for 1st Substitute: Providing liaisons for community-based and faith-based social service organizations.
Referred to Committee on Children & Family Services & Corrections.
HB 2553 by Representatives Pettigrew, Delvin and Dickerson; by request of Department of Social and Health Services
Revising the distribution of child support amongst multiple cases.
Referred to Committee on Children & Family Services & Corrections.
HB 2563 by Representatives Upthegrove, Jarrett, Schindler, Newhouse, Linville and Clibborn
Providing nonagricultural commercial and retail uses that support and sustain agricultural operations on designated agricultural lands of long-term significance.
Referred to Committee on Land Use & Planning.
SHB 2575 by House Committee on Commerce & Labor (originally sponsored by Representatives Cairnes, Cody, Conway, Wood and Kenney; by request of Horse Racing Commission)
Relating to provisions of the Washington horse racing commission's authority.
Referred to Committee on Commerce & Trade.
HB 2583 by Representatives Lovick and Delvin; by request of Administrative Office of the Courts
Authorizing issuance of infractions and citations by electronic device.
Referred to Committee on Judiciary.
SHB 2585 by House Committee on Judiciary (originally sponsored by Representatives Cody, Bailey and Schual-Berke)
Prohibiting civil or criminal liabilities or penalties for actions related to the Washington state health insurance pool.
Referred to Committee on Health & Long-Term Care.
HB 2598 by Representatives Grant, Holmquist, Linville, Kessler, Quall, Clements, Ahern, Cox, Sehlin, Morris, Priest, Kristiansen, Nixon, Santos, Buck, Wallace, Orcutt, Armstrong, Clibborn, Chandler, Schoesler, Sump, Bush, Jarrett, Kenney, Hatfield, Lovick, Eickmeyer, O'Brien, Blake, Ruderman, Skinner, Hinkle, Newhouse, Anderson, Schindler, Tom, Wood, Hankins, McMahan and Condotta; by request of Governor Locke
Providing venue for administrative rule challenges in Spokane, Yakima, and Bellingham for residents of those appellate districts.
Referred to Committee on Government Operations & Elections.
SHB 2600 by House Committee on Judiciary (originally sponsored by Representatives Carrell, Lantz, Moeller, Flannigan, McMahan, Kirby, Newhouse and Lovick)
Revising provisions concerning possession of firearms by persons found not guilty by reason of insanity.
Referred to Committee on Judiciary.
HB 2601 by Representatives Lovick, Carrell, Flannigan, Newhouse, Lantz, Ahern, Morrell, O'Brien, Kirby, Cooper, Moeller, McMahan, Haigh, Campbell, Rockefeller, Conway and Wood
Prohibiting the unlawful discharge of reserve officers.
Referred to Committee on Commerce & Trade.
HB 2615 by Representatives Jarrett, Moeller, Ericksen, Clibborn, Edwards, Schindler, Romero and Tom
Modifying the interlocal cooperation act regarding notice requirements for contracting.
Referred to Committee on Government Operations & Elections.
HB 2627 by Representatives Lantz, Carrell and Rockefeller; by request of Administrative Office of the Courts
Revising the method for estimating the need for judicial positions.
Referred to Committee on Judiciary.
HB 2628 by Representatives Kagi, Boldt, Dickerson, Delvin, Darneille, Pettigrew and Carrell
Revising provisions relating to public access to child in need of services and at-risk youth hearings.
Referred to Committee on Children & Family Services & Corrections.
HB 2632 by Representatives Clibborn, Nixon, Wallace, Edwards, Hunter, Lovick, Moeller, Upthegrove, Kagi and Hudgins
Allowing fax and electronic mail notice of special meetings.
Referred to Committee on Technology & Communications.
HB 2647 by Representatives Miloscia, Haigh, McDermott, Wallace, Chase, Linville and Rockefeller
Continuing the existence of the Washington quality award council.
Referred to Committee on Economic Development.
SHB 2652 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Ahern, Kagi, Darneille, G. Simpson, Campbell and Lovick)
Making persons convicted of felony hit and run ineligible for fifty percent earned release credits.
Referred to Committee on Judiciary.
HB 2663 by Representatives Haigh, Armstrong, McCoy, Holmquist, O'Brien, Boldt, Morrell, Jarrett, Wallace, Delvin, Moeller, Priest, Darneille, Conway, D. Simpson, Kagi, Hunter, Clements, Wood, Sullivan, Dickerson, G. Simpson, Hunt, Skinner, Cody, Ormsby, Chase, Hankins, Pettigrew, Kenney, Tom, Nixon, Kessler, Miloscia, Linville, Romero, Roach and Hudgins
Requiring use of respectful language in the Revised Code of Washington regarding individuals with disabilities.
Referred to Committee on Health & Long-Term Care.
HB 2669 by Representatives Moeller, Jarrett, Santos, Cox, Upthegrove, Newhouse, Chase, Lovick, Clibborn, Morrell, Wallace, Nixon, Wood, Kagi and McDermott
Establishing a pilot project to examine the use of instant runoff voting for nonpartisan offices.
Referred to Committee on Government Operations & Elections.
HB 2683 by Representatives Haigh, Armstrong and Linville; by request of Governor Locke
Changing provisions relating to providing notice of proposed rule changes.
Referred to Committee on Government Operations & Elections.
SHB 2685 by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, McMorris, Conway and Kenney; by request of Liquor Control Board)
Revising provisions relating to acceptable forms of identification for liquor sales.
Referred to Committee on Commerce & Trade.
SHB 2686 by House Committee on Commerce & Labor (originally sponsored by Representatives Hudgins, Condotta and Conway; by request of Liquor Control Board)
Authorizing inspection of records regarding transportation of cigarettes.
Referred to Committee on Commerce & Trade.
HB 2688 by Representative Wood; by request of Lottery Commission
Authorizing the state lottery to conduct criminal history background checks.
Referred to Committee on Commerce & Trade.
HB 2696 by Representatives D. Simpson, Pearson, Cooper, Sump, Upthegrove and Chase
Creating a state parks centennial committee.
Referred to Committee on Parks, Fish & Wildlife.
SHB 2701 by House Committee on Judiciary (originally sponsored by Representatives Lovick, Delvin, O'Brien and Buck)
Prohibiting weapons in restricted access areas of commercial service airports.
Referred to Committee on Judiciary.
HB 2703 by Representatives Armstrong, Cooper, Delvin and Blake
Increasing the minimum for bid requirements for materials or work for joint operating agencies.
Referred to Committee on Natural Resources, Energy & Water.
HB 2727 by Representatives D. Simpson, Benson and Schual-Berke; by request of Insurance Commissioner
Requiring all insurers to file credit based rating plans.
Referred to Committee on Financial Services, Insurance & Housing.
HB 2742 by Representatives Haigh, Armstrong, McDermott and Miloscia; by request of Secretary of State
Incorporating the 2003 changes into Title 29A RCW.
Referred to Committee on Government Operations & Elections.
HB 2743 by Representatives Haigh, Armstrong, McDermott, Miloscia and Upthegrove; by request of Secretary of State
Consolidating and clarifying election-related crimes.
Referred to Committee on Government Operations & Elections.
HB 2811 by Representatives Jarrett, Upthegrove, Priest, Romero, Shabro, Moeller, Clibborn, Linville, Edwards, Tom, Sullivan and Woods
Establishing permit processing timelines and reporting requirements for certain local governments subject to the requirements of RCW 36.70A.215.
Referred to Committee on Land Use & Planning.
HB 2831 by Representatives Chandler, Grant, Holmquist, Newhouse, Delvin and Hunt
Increasing the number of days certain fairs can use the special occasion liquor license.
Referred to Committee on Commerce & Trade.
ESHB 2844 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives Lovick, Morrell, Benson, Campbell, G. Simpson, Bush, Quall, Upthegrove and Schual-Berke; by request of Department of Health and Washington State Patrol)
Increasing the regulation of the sale of ephedrine, pseudoephedrine, and phenylpropanolamine.
Referred to Committee on Health & Long-Term Care.
SHB 2846 by House Committee on Fisheries, Ecology & Parks (originally sponsored by Representatives Sump, Cooper, Romero, Buck, Pearson, Holmquist, Jarrett, Wood and Woods)
Creating the crime of unlawful use of a hook.
Referred to Committee on Parks, Fish & Wildlife.
HB 2854 by Representatives Delvin, Lovick, O'Brien, Lantz and Bush
Revising provisions concerning seizure, forfeiture, and destruction of explosives.
Referred to Committee on Judiciary.
HB 2859 by Representatives Wallace, Boldt, Dunshee, Orcutt, Lantz, Hankins, Alexander, Linville, Eickmeyer, Murray, Morrell, Upthegrove and Schual-Berke
Authorizing projects recommended by the public works board.
Referred to Committee on Ways & Means.
HB 2866 by Representatives Crouse, Sullivan and Wood
Authorizing the construction and operation of renewable energy projects by joint operating agencies.
Referred to Committee on Natural Resources, Energy & Water.
HB 2867 by Representatives McDermott and Nixon; by request of Secretary of State
Conforming legal notice broadcast requirements to current practice.
Referred to Committee on Judiciary.
SHB 2875 by House Committee on State Government (originally sponsored by Representatives Upthegrove, Ruderman, Miloscia, Nixon, Tom, Eickmeyer, Santos, Ormsby, Kagi and Dickerson)
Creating a task force to enhance youth voter education programs.
Referred to Committee on Government Operations & Elections.
SHB 2878 by House Committee on Local Government (originally sponsored by Representatives Romero, Alexander and Hunt)
Making changes to county treasurer statutes.
Referred to Committee on Government Operations & Elections.
ESHB 2891 by House Committee on Local Government (originally sponsored by Representatives Grant and Mastin)
Providing for withdrawal from and addition to a public utility district. Revised for 1st Substitute: Modifying public utility district provisions.
Referred to Committee on Government Operations & Elections.
SHB 2906 by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Veloria, McDonald, Priest, Hudgins, Skinner, Darneille, Eickmeyer, D. Simpson, McCoy, Wallace, Kessler, Schual-Berke, G. Simpson, Upthegrove, Wood, Kenney, Morrell, Ormsby and Conway)
Increasing the funding for the linked deposit program for minority and women's business loans.
Referred to Committee on Economic Development.
SHB 2908 by House Committee on Transportation (originally sponsored by Representatives Mielke, O'Brien, Ahern, Pearson and Boldt)
Strengthening accountability for salvage vehicles.
Referred to Committee on Highways & Transportation.
SHB 2984 by House Committee on Children & Family Services (originally sponsored by Representatives Shabro, Kagi, Bush, Darneille, Dickerson, Roach, Rodne, Bailey, Boldt, Campbell, Nixon, McDonald, Kenney, Armstrong, Woods, Chase and Hunter)
Requiring child fatality reviews for children involved in the child welfare system.
Referred to Committee on Children & Family Services & Corrections.
SHB 2985 by House Committee on Health Care (originally sponsored by Representatives Cody, Campbell, Kenney, Dickerson and Rockefeller)
Providing for individual health insurance for retired and disabled public employees.
Referred to Committee on Health & Long-Term Care.
SHB 2988 by House Committee on Children & Family Services (originally sponsored by Representatives Boldt, Clements, Pearson, Bailey and McMahan)
Protecting the rights of foster parents.
Referred to Committee on Children & Family Services & Corrections.
SHB 3039 by House Committee on Children & Family Services (originally sponsored by Representatives Delvin, Boldt, Kagi and Kenney)
Extending the period for evaluation for identification of long-term needs of children entering the foster care system.
Referred to Committee on Children & Family Services & Corrections.
SHB 3055 by House Committee on Judiciary (originally sponsored by Representatives Holmquist, Carrell and O'Brien)
Providing uniformity for admissibility of alcohol tests.
Referred to Committee on Judiciary.
EHB 3094 by Representatives Ormsby, Cox, Haigh, Kagi, Priest, McCoy, Fromhold, Condotta, Chase, Upthegrove, Schual-Berke, Kenney and Morrell
Studying the expansion of high school skills centers.
Referred to Committee on Education.
SHJM 4028 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Schual-Berke, Ruderman, Kagi, Dickerson, Kenney, McDermott, Darneille, Pettigrew, Miloscia, Haigh, Chase, Edwards, Morrell, Conway, Clibborn, Fromhold and O'Brien)
Requesting that funds be promptly disbursed to Holocaust survivors.
Referred to Committee on Financial Services, Insurance & Housing.
SHJM 4032 by House Committee on Trade & Economic Development (originally sponsored by Representatives Eickmeyer, Skinner, Pettigrew, Chase, McDonald, Kristiansen, McCoy, Wallace, Priest, Condotta, Blake, Clements, Conway, Anderson, Edwards, Morrell, Campbell, Upthegrove, Kenney, Kessler and Wood)
Urging Congress to fully restore funding for the manufacturing extension partnership program.
Referred to Committee on Economic Development.
SHJM 4036 by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Linville, Rockefeller, Chase, Morrell and Kagi)
Requesting federal funding to help implement certain Clean Water Act requirements.
Referred to Committee on Natural Resources, Energy & Water.
HJM 4041 by Representatives Clements, Skinner, Kenney, Hudgins, Santos and Hinkle
Requesting relief for the Aganda family of Selah, Washington.
Referred to Committee on Health & Long-Term Care.
SHJM 4043 by House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Delvin, Hankins, Grant, Schoesler, Clements, Mastin, Cox, Skinner, Newhouse, Jarrett, Chandler, Clibborn and Kessler)
Requesting the privatization of the department of energy's fast flux test facility complex.
Referred to Committee on Natural Resources, Energy & Water.
MOTION
On motion of Senator Esser, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exception of Substitute House Bill No. 2313 which was referred to the Committee on Commerce & Trade, Substitute House Bill No. 2452 which was referred be referred to the Committee on Land Use & Planning, House Bill No. 2547 which was referred to the Committee on Ways & Means, Substitute House Joint Memorial No. 4032, House Bill No. 2647 and Substitute House Bill No. 2906 which were referred to the Committee on Economic Development.
MOTION
On motion of Senator Esser, the Senate advanced to the eighth order of business.
Senator Rasmussen moved that the following resolution be adopted.
By Senators Rasmussen, Fraser, Sheahan, Johnson, Swecker, Brandland, McCaslin, Zarelli, Hewitt, Murray, Benton, Morton, Parlette, Deccio, Roach, Mulliken, Schmidt, Carlson, Stevens, Horn, Honeyford, Pflug, Hale, Franklin, Spanel, Haugen, Kastama, Prentice and McAuliffe
WHEREAS, There are approximately 600 family dairy farms in Washington State with approximately 244,000 dairy cows; and
WHEREAS, The average herd size in Washington State is approximately 380 cows; and
WHEREAS, Washington State ranks 9th in total milk production in the United States with 5.6 billion pounds annually; and
WHEREAS, Per cow production in Washington State ranks second in the United States with 22,753 pounds of milk and 835 pounds of butterfat; and
WHEREAS, Washington dairy farmers are recognized within the industry as being the most efficient and technologically advanced farmers in the United States; and
WHEREAS, Milk processing jobs help to expand employment in Washington State – every 1 million dollars in finished milk product is responsible for 20 jobs; and
WHEREAS, Dairying was ranked the second largest agricultural commodity in Washington State in 2002 with a value of over 674 million dollars; and
WHEREAS, The annual economic effect of dairy farming in Washington is estimated at 4.5 billion dollars; and
WHEREAS, The dairy farmers of Washington are working hard to provide safe, nutritious dairy products for the families of Washington State; and
WHEREAS, The Washington State Dairy Ambassadors for 2003-2004 are Ambassador Amy Jemelka from Centralia and Alternate Ambassadors Lisa Boon from Mount Vernon and Josie Hansen from Stanwood, Washington; and
WHEREAS, State Dairy Ambassador Amy Jemelka will address the Washington State Senate on February 16, 2004, in the Senate Chambers; and
WHEREAS, Dairy Day at the Legislature will be February 18, 2004, when the legislators will visit with the dairy producers of the state and enjoy the 2,500 ice cream bars that will be handed out by the Washington State Dairy Federation and the State and County Dairy Princesses.
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate acknowledge and honor the women and men whose work on dairy farms throughout Washington has contributed much to the strength and vitality of our economy, the character of our communities, and the general well-being of our citizens; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Washington State Dairy Ambassador Amy Jemelka, Alternate Ambassadors Lisa Boon and Josie Hansen, and the Washington Dairy Products Commission.
Senators Rasmussen and Swecker spoke in favor of adoption of the resolution.
The President Pro Tempore declared the question before the Senate to be the adoption of Senate Resolution No. 8706.
The motion by Senator Rasmussen carried and the resolution was adopted by voice vote.
INTRODUCTION OF SPECIAL GUESTS
The President Pro Tempore welcomed and introduced Dairy Ambassadors Amy Jemelka, Alternate Ambassadors Lisa Boon and Josie Hansen who were seated at the rostrum.
With permission of the Senate, business was suspended to allow Dairy Ambassador Amy Jemelka to address the Senate.
MOTION
On motion of Senator Esser, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 6615, by Senators Honeyford, Mulliken, Rasmussen and Prentice
Encouraging employment of workers with developmental disabilities.
MOTIONS
On motion of Senator Honeyford, Substitute Senate Bill No. 6615 was substituted for Senate Bill No. 6615 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. 6615 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Honeyford spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6615.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6615 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Absent: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6615, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Hewitt, Senator Sheldon, T. was excused.
SECOND READING
SENATE BILL NO. 6265, by Senators Swecker, Doumit, Oke, Mulliken, Horn, Jacobsen, Sheahan, Hale, Rasmussen and Murray
Improving the efficiency of the permitting process when multiple agencies are involved.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 6265 was substituted for Senate Bill No. 6265 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. 6265 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Kline spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6265.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6265 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6265, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6329, by Senator Oke
Extending the date for implementation of ballast water discharge requirements.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6329 was substituted for Senate Bill No. 6329 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6329 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Oke spoke in favor of passage of the bill.
Senator Spanel spoke against passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6329.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6329 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.
Voting yea: Senators Brandland, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 26.
Voting nay: Senators Benton, Berkey, Brown, Carlson, Eide, Fairley, Franklin, Fraser, Haugen, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 22.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6329, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6700, by Senators Jacobsen, Horn, Haugen and Shin
Making technical corrections to the requirements of regional transportation investment district ballot measures.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 6700 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen and Horn spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6700.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6700 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6700, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6143, by Senators Kastama, Winsley, Oke, Franklin, Rasmussen and Schmidt
Determining eligibility for veteran's regular or special license plates.
The bill was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, Senate Bill No. 6143 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kastama spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6143.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6143 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6143, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6372, by Senators Oke, Doumit, Sheahan, B. Sheldon, McAuliffe, Regala, Spanel, Haugen, Roach, Fraser and Shin
Creating a state parks centennial committee.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 6372 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Regala spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6372.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6372 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6372, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Keiser was excused.
SECOND READING
SENATE BILL NO. 6518, by Senator McCaslin
Changing the general election ballot for the office of judge of the district court.
The bill was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 6518 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McCaslin and Kline spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6518.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6518 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Voting nay: Senators Benton, Fraser and Roach - 3.
Excused: Senators Keiser and Sheldon, T. - 2.
SENATE BILL NO. 6518, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6587, by Senators Stevens and McCaslin
Imposing fees to mitigate adverse environmental impacts.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6587 was substituted for Senate Bill No. 6587 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. 6587 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Stevens and Mulliken spoke in favor of passage of the bill.
Senator Kline spoke against passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6587.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6587 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Stevens, Swecker, Winsley and Zarelli - 30.
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Spanel and Thibaudeau - 19.
Excused: Senator Sheldon, T.
SUBSTITUTE SENATE BILL NO. 6587, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6679, by Senators Oke, B. Sheldon, T. Sheldon, Hargrove, Jacobsen and Shin
Allowing use of PPI bond proceeds for safety improvements.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 6679 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Oke spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6679.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6679 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Voting nay: Senator Prentice - 1.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6679, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Fairley was excused.
SECOND READING
SENATE BILL NO. 6737, by Senators Hewitt and Honeyford
Changing provisions relating to distribution of liquor.
The bill was read the second time.
MOTION
Senator Honeyford moved that the following amendment by Senator Honeyford be adopted:
On page 1, beginning on line 14, after "consumption" strike all material through "beverages" on line 16
On page 5, line 8, after "(g)" strike "All" and insert "Prior to the effective date of the posted prices, all"
On page 7, line 13, after "(f)" strike "All" and insert "Prior to the effective date of the posted prices, all"
Senator Honeyford spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 14 to Senate Bill No. 6737.
The motion by Senator Honeyford carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Hewitt, the rules were suspended, Engrossed Senate Bill No. 6737 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Hewitt and Franklin spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6737.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6737 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Fairley and Sheldon, T. - 2.
ENGROSSED SENATE BILL NO. 6737, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5732, by Senators Deccio, Rasmussen, Brandland and Winsley
Revising provisions for long-term care service options.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 5732 was substituted for Senate Bill No. 5732 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 5732 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Deccio and Thibaudeau spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5732.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5732 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Excused: Senators Fairley and Sheldon, T. - 2.
SUBSTITUTE SENATE BILL NO. 5732, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6592, by Senators Morton, Hargrove, Mulliken, Rasmussen, Swecker, Horn, Haugen, T. Sheldon, McCaslin, Sheahan and Parlette
Distinguishing growth management update responsibilities between slower and faster growing cities and counties.
MOTIONS
On motion of Senator Morton, Substitute Senate Bill No. 6592 was substituted for Senate Bill No. 6592 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. 6592 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton, Haugen and Mulliken spoke in favor of passage of the bill.
Senator Kline spoke to passage of the bill.
MOTION
On motion of Senator Doumit, Senator Prentice was excused.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6592.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6592 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 11; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brandland, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 37.
Voting nay: Senators Benton, Brown, Carlson, Fairley, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala and Thibaudeau - 11.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6592, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6196, by Senators Benton, T. Sheldon and Mulliken
Allowing single-family residential development outside urban growth areas in areas where housing is not affordable for first-time buyers.
MOTIONS
On motion of Senator Esser, Substitute Senate Bill No. 6196 was substituted for Senate Bill No. 6196 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. 6196 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Benton spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6196.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6196 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Prentice, Rasmussen, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 30.
Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 18.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6196, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5436, by Senators Kohl-Welles, Rasmussen, Jacobsen, Winsley, Thibaudeau, McAuliffe, Prentice and Kline
Regarding foods and beverages sold at public schools.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 5436 was substituted for Senate Bill No. 5436 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5436 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles, Johnson, Carlson and Kline spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5436.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5436 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 47.
Voting nay: Senator Poulsen - 1.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 5436, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Eide, Senator Poulsen was excused.
SECOND READING
SENATE BILL NO. 6264, by Senators Swecker, Doumit, Oke, Mulliken, Horn, Jacobsen, Rasmussen and Murray
Allowing for the issuance of general permits for certain projects in state waters and on shorelines of the state.
MOTIONS
On motion of Senator Swecker, Substitute Senate Bill No. 6264 was substituted for Senate Bill No. 6264 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. 6264 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Doumit spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6264.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6264 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 42.
Voting nay: Senators Fairley, Fraser, Kohl-Welles, Prentice and Thibaudeau - 5.
Excused: Senators Poulsen and Sheldon, T. - 2.
SUBSTITUTE SENATE BILL NO. 6264, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6559, by Senators Stevens and Hargrove
Revising temporary assistance for needy families.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6559 was substituted for Senate Bill No. 6559 and the substitute bill was placed on second reading and read the second time.
MOTION
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:
"NEW SECTION. Sec. 1. It remains the intent of the legislature that all applicants to the Washington WorkFirst program shall be focused on obtaining paid, unsubsidized employment. The focus of the Washington WorkFirst program continues to be work for all recipients. The key principles of the state temporary assistance for needy families program must be to help move people from welfare to work; to be a short-term transitional experience, not a way of life; and to assist families to receive the child care and health care they need to protect their children as they move from welfare to work. A statewide partnership of state agencies, public education, business, and nongovernmental providers are in place in Washington to provide families with services and opportunities to gain competitive employment. The legislature recognizes that there will always be families while working hard to find work, need assistance over a longer period. It is the intent of the legislature to ensure that these families have available to them continuing assistance and other services and resources that will assist in gaining competitive employment while those who are uncooperative and malingering no longer receive a cash grant.
Sec. 2. RCW 74.08A.260 and 2003 c 383 s 1 are each amended to read as follows:
(1) Each recipient shall be assessed after determination of program eligibility and before referral to job search. Assessments shall be based upon factors that are critical to obtaining employment, including but not limited to education, availability of child care, history of family violence, history of substance abuse, and other factors that affect the ability to obtain employment. Assessments may be performed by the department or by a contracted entity. The assessment shall be based on a uniform, consistent, transferable format that will be accepted by all agencies and organizations serving the recipient. Based on the assessment, an individual responsibility plan shall be prepared that: (a) Sets forth an employment goal and a plan for moving the recipient immediately into employment; (b) contains the obligation of the recipient to become and remain employed; (c) moves the recipient into whatever employment the recipient is capable of handling as quickly as possible; and (d) describes the services available to the recipient to enable the recipient to obtain and keep employment. If the assessment in this subsection indicates the recipient is able to engage in job search, he or she shall participate in job search for thirty days before receiving the cash benefit portion of public assistance. If the recipient has been aggressively participating in a local job search prior to application by making at least three job contacts each day or fifteen job contacts each week and documented by providing copies of completed job applications or verification of job interviews, the thirty-day waiting period or a portion shall be waived.
(2) Recipients who are not engaged in work and work activities, and do not qualify for a good cause exemption under RCW 74.08A.270, shall engage in self-directed service as provided in RCW 74.08A.330.
(3) If a recipient ((refuses to engage in work and work activities required by the department, the family's grant shall be reduced by the recipient's share, and may, if the department determines it appropriate, be terminated)) has refused to engage in work and work activities as required by the department, without good cause, the sanction shall be a reduction of cash benefits by forty percent and mandatory designation of a protective payee. A protective payee is a person or an employee of an agency who manages client cash benefits to provide for basic needs such as housing, utilities, clothing, child care, and food. Before cash benefits are reduced by forty percent and sent to a protective payee, the department shall conduct a case staffing to determine whether the recipient has good cause for nonparticipation provided in RCW 74.08A.270. The recipient and his or her chosen representative shall be allowed to attend this case staffing. The cash benefit portion of the public assistance shall be restored and protective payee discontinued the first of the following month after the recipient resumes full and active participation as required for twelve, full, consecutive weeks.
(4) ((The department may waive the penalties required under subsection (3) of this section, subject to a finding that the recipient refused to engage in work for good cause provided in RCW 74.08A.270)) The department shall sanction a recipient who has: (a) Received temporary assistance for needy families for sixty months, as provided under RCW 74.08A.010; and (b) refused to engage in work and work activities as required by the department, without good cause. The sanction for refusing to engage in work without good cause shall be a reduction of cash benefits by forty percent and mandatory designation of a protective payee. A protective payee is a person or an employee of an agency who manages client cash benefits to provide for basic needs such as housing, utilities, clothing, child care, and food. Before cash benefits are reduced by forty percent and sent to a protective payee, the department shall conduct a case staffing to determine whether the recipient has good cause for nonparticipation provided in RCW 74.08A.270. The recipient and his or her chosen representative shall be allowed to attend this case staffing. The cash benefit portion of the public assistance shall be restored and protective payee discontinued the first of the following month after the recipient resumes full and active participation as required for twelve, full, consecutive weeks.
(5) In implementing this section, the department shall assign the highest priority to the most employable clients, including adults in two-parent families and parents in single-parent families that include older preschool or school-age children to be engaged in work activities.
(6) In consultation with the recipient, the department or contractor shall place the recipient into a work activity that is available in the local area where the recipient resides."
MOTION
Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and others to the striking amendment be adopted:
On page 2, beginning on line 9 of the amendment, after "employment." strike everything through "waived." on line 17
Senators Kohl-Welles and Regala spoke in favor of adoption of the amendment to the striking amendment.
Senator Hargrove spoke against the adoption of the amendment to the striking amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Kohl-Welles and others on page 2, beginning line 9 to the striking amendment to Substitute Senate Bill No. 6559.
MOTION
On motion of Senator Doumit, Senator Prentice was excused.
The President Pro Tempore declared the question before the Senate to be the demand for a division.
The President Pro Tempore declared the demand was sustained.
The motion by Senator Kohl-Welles failed and the amendment to the striking amendment was not adopted on a rising vote.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute Senate Bill No. 6559.
Senator Hargrove spoke in favor of adoption of the striking amendment.
MOTIONS
On motion of Senator Eide, Senator Prentice was excused.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 3 of the title, after "families;" strike the remainder of the title and insert "amending RCW 74.08A.260; and creating a new section."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 6559 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Stevens and Hargrove spoke in favor of passage of the bill.
Senators Kohl-Welles and Thibaudeau spoke against passage of the bill.
Senator Franklin: “Would Senator Hargrove yield to a question? Just to follow up on the Senator from the 43rd District in regards to the reduction of 40 percent in the TANF Grant without aggressively searching for work. By what measures, or what standards will be used? Because I do in today’s market and if they do not have the skills they cannot get into work force training. They have to wait, then they become penalized even though they have tried. So would you answer that question?”
Senator Hargrove: “Certainly, I will. First of all, I would like to state that those pieces of the bill are current practice for the Department of Social & Health Services. The only piece that is slightly different is the first piece which was the subject of the other amendment. The 40 percent sanction is current practice is. It’s only if they have no contact with the department at all to try work through their problems in their work search. So what the intent here is that they are going to staff, case staff, every single case, try to determine if there are problems that they can help them work through this and if they’re just responding and participating they would not reach this threshold. Again, this is current practice, this is literally just putting in code current practice of the department.”
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6559.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6559 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 29.
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 18.
Excused: Senators Prentice and Sheldon, T. - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6559, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6225, by Senators Deccio, Keiser, Parlette, Winsley and Rasmussen
Concerning boarding home domiciliary services.
MOTIONS
On motion of Senator Deccio, Substitute Senate Bill No. 6225 was substituted for Senate Bill No. 6225 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Deccio, the rules were suspended, Substitute Senate Bill No. 6225 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Deccio, Thibaudeau and Keiser spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6225.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6225 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6225, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6331, by Senators Brandland, Parlette and Mulliken
Revising definition of mandated reporters in boarding homes and nursing homes.
MOTIONS
On motion of Senator Brandland, Substitute Senate Bill No. 6331 was substituted for Senate Bill No. 6331 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Brandland, the rules were suspended, Substitute Senate Bill No. 6331 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Brandland, Thibaudeau and Deccio spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6331.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6331 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6331, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6561, by Senators Carlson, McAuliffe and Kohl-Welles
Strengthening linkages between K-12 and higher education systems.
The bill was read the second time.
MOTION
On motion of Senator Carlson, the rules were suspended, Senate Bill No. 6561 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Carlson and Kohl-Welles spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6561.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6561 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6561, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6534, by Senators Hargrove and Mulliken
Designating processes and siting of industrial land banks.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6534 was substituted for Senate Bill No. 6534 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6534 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hargrove spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6534.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6534 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6534, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6389, by Senators Brandland, Haugen, Esser, Rasmussen, Kline, Murray and Kohl-Welles
Prohibiting weapons in restricted access areas of commercial service airports.
MOTIONS
On motion of Senator Brandland, Substitute Senate Bill No. 6389 was substituted for Senate Bill No. 6389 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Brandland, the rules were suspended, Substitute Senate Bill No. 6389 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Brandland, Kline and Keiser spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6389.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6389 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6389, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6600, by Senators Brandland, T. Sheldon, Hale, Stevens and Murray
Revising construction liability provisions.
MOTIONS
On motion of Senator Brandland, Substitute Senate Bill No. 6600 was substituted for Senate Bill No. 6600 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Brandland, the rules were suspended, Substitute Senate Bill No. 6600 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Brandland and Kline spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6600.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6600 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SUBSTITUTE SENATE BILL NO. 6600, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6352, by Senators Stevens, Hargrove, Esser, Schmidt, Poulsen, Berkey, McAuliffe and Kohl-Welles
Revising provisions concerning selection of telephone calling systems for inmates in state correctional facilities. Revised for 1st Substitute: Revising provisions concerning selection of telephone calling systems for offenders in state correctional facilities.
MOTIONS
On motion of Senator Stevens, Substitute Senate Bill No. 6352 was substituted for Senate Bill No. 6352 and the substitute bill was placed on second reading and read the second time.
MOTION
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:
"NEW SECTION. Sec. 1. The legislature finds that the current telephone service for offender calls from department of corrections facilities is based on outdated technology that provides neither the most secure nor the most accountable system available and is provided at a high cost to the offenders' families. The legislature, in budget provisions, has required the secretary of corrections to investigate other systems as offender telephone service contracts came due for renewal. The legislature now finds that the current statute prevents the secretary of corrections from using systems that provide greater security, more offender accountability, and lower costs. Therefore, the legislature intends to remove this barrier while retaining the intent of the statute to provide safe, accountable, and affordable telephone services.
Sec. 2. RCW 9.73.095 and 1998 c 217 s 2 are each amended to read as follows:
(1) RCW 9.73.030 through 9.73.080 and 9.73.260 shall not apply to employees of the department of corrections in the following instances: Intercepting, recording, or divulging any telephone calls from an ((inmate)) offender or resident of a state correctional facility; or intercepting, recording, or divulging any monitored nontelephonic conversations in ((inmate)) offender living units, cells, rooms, dormitories, and common spaces where ((inmates)) offenders may be present. For the purposes of this section, "state correctional facility" means a facility that is under the control and authority of the department of corrections, and used for the incarceration, treatment, or rehabilitation of convicted felons.
(2)(a) All personal calls made by ((inmates)) offenders shall be ((collect calls only)) made using a calling system approved by the secretary of corrections which is at least as secure as the system it replaces. In approving one or more calling systems, the secretary of corrections shall consider the safety of the public, the ability to reduce telephone fraud, and the ability of offender families to select a low-cost option.
(b) The calls ((will)) shall be "operator announcement" type calls. The operator shall notify the receiver of the call that the call is coming from a prison ((inmate)) offender, and that it will be recorded and may be monitored.
(3) The department of corrections shall adhere to the following procedures and restrictions when intercepting, recording, or divulging any telephone calls from an ((inmate)) offender or resident of a state correctional facility as provided for by this section. The department shall also adhere to the following procedures and restrictions when intercepting, recording, or divulging any monitored nontelephonic conversations in ((inmate)) offender living units, cells, rooms, dormitories, and common spaces where ((inmates)) offenders may be present:
(a) Unless otherwise provided for in this section, after intercepting or recording any conversation, only the superintendent and his or her designee shall have access to that recording.
(b) The contents of any intercepted and recorded conversation shall be divulged only as is necessary to safeguard the orderly operation of the correctional facility, in response to a court order, or in the prosecution or investigation of any crime.
(c) All conversations that are recorded under this section, unless being used in the ongoing investigation or prosecution of a crime, or as is necessary to assure the orderly operation of the correctional facility, shall be destroyed one year after the intercepting and recording.
(4) So as to safeguard the sanctity of the attorney-client privilege, the department of corrections shall not intercept, record, or divulge any conversation between an ((inmate)) offender or resident and an attorney. The department shall develop policies and procedures to implement this section. The department's policies and procedures implemented under this section shall also recognize the privileged nature of confessions made by an offender to a member of the clergy or a priest in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs as provided in RCW 5.60.060(3).
(5) The department shall notify in writing all ((inmates)) offenders, residents, and personnel of state correctional facilities that their nontelephonic conversations may be intercepted, recorded, or divulged in accordance with the provisions of this section.
(6) The department shall notify all visitors to state correctional facilities who may enter ((inmate)) offender living units, cells, rooms, dormitories, or common spaces where ((inmates)) offenders may be present, that their conversations may intercepted, recorded, or divulged in accordance with the provisions of this section. The notice required under this subsection shall be accomplished through a means no less conspicuous than a general posting in a location likely to be seen by visitors entering the facility."
Senator Hargrove spoke in favor of the striking amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Hargrove and Stevens to Substitute Senate Bill No. 6352.
The motion by Senator Hargrove carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 9.73.095; and creating a new section."
MOTION
On motion of Senator Stevens, the rules were suspended, Engrossed Substitute Senate Bill No. 6352 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Stevens, Hargrove and Kohl-Welles spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6352.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6352 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6352, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6663, by Senators Hewitt, Rasmussen, Honeyford, Prentice, Kastama, Doumit and Sheahan
Modifying promoters requirements for vendor tax registration.
The bill was read the second time.
MOTION
On motion of Senator Hewitt, the rules were suspended, Senate Bill No. 6663 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Hewitt spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6663.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6663 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6663, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6493, by Senators Horn, Kastama, Roach, Haugen and Esser
Changing provisions relating to responsibility for costs of elections.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 6493 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Horn and Kastama spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6493.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6493 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6493, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6465, by Senators Swecker and Rasmussen
Extending the expiration date of the dairy inspection program assessment.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Bill No. 6465 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Rasmussen spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6465.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6465 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6465, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6338, by Senators Johnson and Kline
Creating an affirmative defense from theft and possession of stolen merchandise pallets.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6338 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Johnson spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6338.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6338 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6338, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6326, by Senators Esser, McCaslin, Oke, Roach, Eide, Kline and Rasmussen
Defining prohibited bus conduct.
The bill was read the second time.
MOTION
On motion of Senator Esser, the rules were suspended, Senate Bill No. 6326 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Esser and Kline spoke in favor of passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 6326.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6326 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
SENATE BILL NO. 6326, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6358, by Senators Hargrove and Stevens
Improving communication regarding offenders with treatment orders. Revised for 1st Substitute: Improving collaboration regarding offenders with treatment orders.
MOTIONS
On motion of Senator Hargrove, Second Substitute Senate Bill No. 6358 was substituted for Senate Bill No. 6358 and the second substitute bill was placed on second reading and read the second time.
MOTION
Senator Hargrove moved that the following amendment by Senator Hargrove be adopted:
On page 4, line 5, after "offender and" insert ", if known,"
On page 19, line 16, after "corrections" insert "and chemical dependency"
Senator Hargrove spoke in favor of adoption of the amendment.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 4, line 5 to Second Substitute Senate Bill No. 6358.
The motion by Senator Hargrove carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Hargrove, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6358 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6358.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6358 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 48.
Excused: Senator Sheldon, T. - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6358, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6211, by Senators Carlson, Kohl-Welles, Esser, Swecker, Schmidt, Finkbeiner, Brandland, Pflug, Roach, Rasmussen and Murray
Changing the school district levy base calculation.
MOTIONS
On motion of Senator Johnson, Substitute Senate Bill No. 6211 was substituted for Senate Bill No. 6211 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator McAuliffe moved that the following striking amendment by Senators McAuliffe and Brown be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28A.500.020 and 1999 c 317 s 2 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance shall be allocated.
(b) "Statewide average twelve percent levy rate" means twelve percent of the total levy bases as defined in RCW 84.52.0531 (3) and (4) summed for all school districts, and divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as adjusted to one hundred percent by the county indicated ratio established in RCW 84.48.075.
(c) The "district's twelve percent levy amount" means the school district's maximum levy authority after transfers determined under RCW 84.52.0531(2) (a) through (c) divided by the district's maximum levy percentage determined under RCW 84.52.0531(((4))) (5) multiplied by twelve percent.
(d) The "district's twelve percent levy rate" means the district's twelve percent levy amount divided by the district's assessed valuation for excess levy purposes for the prior tax collection year as adjusted to one hundred percent by the county indicated ratio.
(e) "Districts eligible for local effort assistance" means those districts with a twelve percent levy rate that exceeds the statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percent, and amounts are for the calendar year for which local effort assistance is being calculated under this chapter.
Sec. 2. RCW 84.52.0531 and 1997 c 259 s 2 are each amended to read as follows:
The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the maximum dollar amount shall be calculated pursuant to the laws and rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and thereafter, the maximum dollar amount shall be the sum of (a) plus or minus (b) and ©) of this subsection minus (d) of this subsection:
(a) The district's levy base as defined in subsections (3) and (4) of this section multiplied by the district's maximum levy percentage as defined in subsection (((4))) (5) of this section;
(b) For districts in a high/nonhigh relationship, the high school district's maximum levy amount shall be reduced and the nonhigh school district's maximum levy amount shall be increased by an amount equal to the estimated amount of the nonhigh payment due to the high school district under RCW 28A.545.030(3) and 28A.545.050 for the school year commencing the year of the levy;
(c) For districts in an interdistrict cooperative agreement, the nonresident school district's maximum levy amount shall be reduced and the resident school district's maximum levy amount shall be increased by an amount equal to the per pupil basic education allocation included in the nonresident district's levy base under subsection (3) of this section multiplied by:
(i) The number of full-time equivalent students served from the resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined under subsection (((4))) (5) of this section; increased by:
(iii) The percent increase per full-time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year divided by fifty-five percent;
(d) The district's maximum levy amount shall be reduced by the maximum amount of state matching funds for which the district is eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year 1998 and thereafter, a district's levy base shall be the sum of allocations in (a) through (c) of this subsection received by the district for the prior school year, including allocations for compensation increases, plus the sum of such allocations multiplied by the percent increase per full time equivalent student as stated in the state basic education appropriation section of the biennial budget between the prior school year and the current school year and divided by fifty-five percent. A district's levy base shall not include local school district property tax levies or other local revenues, or state and federal allocations not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.
(4) For excess levies for collection in calendar years 2005 through 2008, in addition to the allocations included under subsection (3)(a) through (c) of this section, a district's levy base shall also include the difference between the state allocations under subsection (3)(a) and (b) of this section and the allocations the district would have received if: (a) The district's base salary for certificated instructional staff for purposes of determining state basic education allocations had been the same as the highest base salary for that school year on the supporting LEAP salary document referenced in the omnibus appropriations act; and (b) the district's salaries for certificated administrators and classified staff for purposes of determining state basic education allocations had been the same as the highest certificated administrator and classified staff salaries for that school year on the supporting LEAP salary document referenced in the omnibus appropriations act.
(5) A district's maximum levy percentage shall be twenty-two percent in 1998 and twenty-four percent in 1999 and every year thereafter; plus, for qualifying districts, the grandfathered percentage determined as follows:
(a) For 1997, the difference between the district's 1993 maximum levy percentage and twenty percent; and
(b) For 1998 and thereafter, the percentage calculated as follows:
(i) Multiply the grandfathered percentage for the prior year times the district's levy base determined under subsection (3) of this section;
(ii) Reduce the result of (b)(i) of this subsection by any levy reduction funds as defined in subsection (((5))) (6) of this section that are to be allocated to the district for the current school year;
(iii) Divide the result of (b)(ii) of this subsection by the district's levy base; and
(iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection.
(((5))) (6) "Levy reduction funds" shall mean increases in state funds from the prior school year for programs included under subsections (3) and (4) of this section: (a) That are not attributable to enrollment changes, compensation increases, or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations act. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data. Levy reduction funds shall not include moneys received by school districts from cities or counties.
(((6))) (7) For the purposes of this section, "prior school year" means the most recent school year completed prior to the year in which the levies are to be collected.
(((7))) (8) For the purposes of this section, "current school year" means the year immediately following the prior school year.
(((8))) (9) Funds collected from transportation vehicle fund tax levies shall not be subject to the levy limitations in this section.
(((9))) (10) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.
NEW SECTION. Sec. 3. Section 1 of this act takes effect January 1, 2006."
On page 1, line 1 of the title, after "calculations;" strike the remainder of the title and insert "amending RCW 28A.500.020 and
84.52.0531; and providing an effective date."
Senators McAuliffe, Brown and Doumit spoke in favor of adoption of the striking amendment.
Senators Carlson, Johnson and Schmidt spoke against adoption of the striking amendment.
Senator Sheldon, B. demanded a roll call and the demand was sustained.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators McAuliffe and Brown to Substitute Senate Bill No. 6211
ROLL CALL
The Secretary called the roll and the striking amendment by Senators McAuliffe and Brown to Substitute Senate Bill No. 6211 and the striking amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel and Thibaudeau - 23.
Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 25.
Excused: Senator Sheldon, T. - 1.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 6211 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Carlson, Pflug and Horn spoke in favor of passage of the bill.
Senators Doumit, McAuliffe, Brown, Franklin, Kastama and Rasmussen spoke against passage of the bill.
The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6211.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6211 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, Murray, Oke, Parlette, Pflug, Roach, Schmidt, Sheahan, Stevens, Swecker, Winsley and Zarelli - 25.
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Thibaudeau - 24.
SUBSTITUTE SENATE BILL NO. 6211, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
The President Pro Tempore recognized Governor Locke who was seated in the gallery.
The President assumed the Chair.
SECOND READING
SENATE JOINT MEMORIAL NO. 8047, by Senators Sheahan, Hewitt, Honeyford, Swecker, Hale, Murray and T. Sheldon
Requesting the implementation of the plan to maintain the navigation channel and loading docks on the lower Snake River.
The memorial was read the second time.
MOTION
Senator Spanel moved that the following amendment by Senators Spanel, Fraser and Swecker be adopted:
On page 2, line 18 strike "plan" and insert "proposal for a one-time dredging during the winter of 2004-2005,"
Senators Spanel and Sheahan spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Spanel, Fraser and Swecker on page 2, line 18 to Senate Joint Memorial No. 8047.
The motion by Senator Spanel carried and the amendment was adopted by voice vote.
MOTION
MOTION
On motion of Senator Sheahan, the rules were suspended, Engrossed Senate Joint Memorial No. 8047 was advanced to third reading, the second reading considered the third and the memorial was placed on final passage.
Senator Sheahan spoke in favor of passage of the memorial.
The President declared the question before the Senate to be the final passage of Engrossed Senate Joint Memorial No. 8047.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8047 and the memorial passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Voting nay: Senator Thibaudeau - 1.
ENGROSSED SENATE JOINT MEMORIAL NO. 8047, having received the constitutional majority, was declared passed.
SECOND READING
SENATE BILL NO. 6337, by Senators Regala, Parlette, Winsley, Stevens, Hargrove, Oke and Kohl-Welles; by request of
Washington Council for Prevention of Child Abuse and Neglect
Revising the fee for birth certificates suitable for display.
The bill was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Senate Bill No. 6337 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Regala and Parlette spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6337.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6337 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SENATE BILL NO. 6337, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6166, by Senator Benton
Funding group life insurance.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 6166 was substituted for Senate Bill No. 6166 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. 6166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Benton spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6166.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6166 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6247, by Senators Winsley, Fraser, Regala, Carlson, Keiser and McAuliffe; by request of Select Committee on Pension Policy
Vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3.
The bill was read the second time.
MOTION
On motion of Senator Winsley, the rules were suspended, Senate Bill No. 6247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Winsley spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6247.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6247 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SENATE BILL NO. 6247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5874, by Senators Jacobsen, Kline and Kohl-Welles
Clarifying tolling authority of regional transportation investment districts.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 5874 was substituted for Senate Bill No. 5874 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Horn moved that the following amendment by Senators Horn and Haugen be adopted:
On page 4, line 18, after "on" strike everything through "toll" on line 21 and insert "new or reconstructed facilities or, in the case of improvements to a bridge or viaduct, any approaches or connectors to the bridge or viaduct"
On page 5, line 4, after "on" strike everything through "district" on line 8 and insert "state routes where improvements financed in whole or in part by a regional transportation investment district add additional lanes to, or reconstruct lanes on, a highway of statewide significance, and in the case of improving a bridge or viaduct, any approaches or connectors to the bridge or viaduct"
Senator Horn spoke in favor of adoption of the amendment.
Senator Thibaudeau: “Will Senator Horn yield to a question? Senator, in our local debate over 520, we understood that there was a ruling that, because there was federal money in the original construction of 520, that we would be unable to put tolls and that sort of thing. With that, would your bill effect that?”
Senator Horn: “I’m not sure that I agree with that federal ruling. What this would do is, they’re rebuilding it, just like we did on the Tacoma Narrows Bridge. It would allow tolls to be applied if the regional investment district so choose, to offer it up to the people and the people approved it in a vote.”
The President declared the question before the Senate to be the adoption of the amendment by Senators Horn and Haugen on page 4, line 18 to Substitute Senate Bill No. 5874.
The motion by Senator Horn carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 5874 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Horn and Jacobsen spoke in favor of passage of the bill.
Senator Mulliken spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5874.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5874 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.
Voting yea: Senators Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 44.
Voting nay: Senators Benton, Honeyford, Mulliken, Roach and Stevens - 5.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5874, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6178, by Senators Shin, Rasmussen, Franklin, Jacobsen, Keiser, Benton, Regala, Honeyford, Mulliken, Fairley, Swecker, Finkbeiner, McCaslin, Doumit, Stevens, Morton, Hargrove, Hewitt, Deccio, Fraser, Esser, Kastama, Prentice, B. Sheldon, Thibaudeau, T. Sheldon, Sheahan, Spanel, Roach, Oke, Berkey and Schmidt
Prohibiting traffic control signal preemption devices.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6178 was substituted for Senate Bill No. 6178 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Benton moved that the following amendment by Senator Benton be adopted:
On page 1, line 15, after "vehicle," insert "or"
On page 1, line 16, after "vehicle" strike ", or a public transit vehicle"
On page 2, beginning on line 33, strike all material through "signal;" on line 38
On page 4, line 27, after "by" strike "public transit vehicles and" and insert "public transit vehicles and"
Senators Benton and Brandland spoke in favor of adoption of the amendment.
Senators Haugen and Horn spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 15 to Substitute Senate Bill No. 6178.
The motion by Senator Benton failed and the amendment was not adopted by voice vote.
MOTION
On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6178 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Shin spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6178.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6178 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Zarelli - 49.
SUBSTITUTE SENATE BILL NO. 6178, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
On motion of Senator Doumit, Senator Thibaudeau was excused.
SECOND READING
SENATE BILL NO. 6339, by Senators Swecker and Rasmussen
Regulating seed-related business practices.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Senate Bill No. 6339 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Swecker spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 6339.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6339 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SENATE BILL NO. 6339, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6675, by Senators Horn, Jacobsen, Benton and Rasmussen
Modifying unclaimed property laws for gift certificates.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6675 was substituted for Senate Bill No. 6675 and the substitute bill was placed on second reading and read the second time.
MOTION
Senator Horn moved that the following striking amendment by Senators Horn and Zarelli be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of the legislature to relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers, the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift certificates, such as expiration dates, service fees, and dormancy and inactivity charges, on gift certificates. The legislature does not intend that this act be construed to apply to cards or other payment instruments issued for payment of wages or other intangible property. To that end, the legislature intends that this act should be liberally construed to benefit consumers and that any ambiguities should be resolved by applying the uniform unclaimed property act to the intangible property in question.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Artistic and cultural organization" has the same meaning as in RCW 82.04.4328.
(2) "Charitable organization" means an organization exempt from tax under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).
(3) "Fund-raising activity" has the same meaning as in RCW 82.04.3651.
(4) "Gift card" means a record as described in subsection (5) of this section in the form of a card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services.
(5) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards.
(6) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate, without regard to any fee, expiration date, or dormancy or inactivity charge.
(7) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value to an existing gift certificate.
(8) "Stored value" has the same meaning as in RCW 19.230.010.
NEW SECTION. Sec. 3. (1) Except as provided in sections 4 through 8 of this act, it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains:
(a) An expiration date;
(b) Any fee, including a service fee; or
(c) A dormancy or inactivity charge.
(2) If a gift certificate is issued with the sale of tangible personal property or services, the gift certificate is subject to subsection (1) of this section.
(3) If a purchase is made with a gift certificate for an amount that is less than the value of the gift certificate, the issuer must make the remaining value available to the bearer in cash or as a gift certificate at the option of the issuer. If after the purchase the remaining value of the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value on demand of the bearer. A gift certificate is valid until redeemed or replaced.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to replace a lost or stolen gift certificate.
NEW SECTION. Sec. 4. (1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(a) The gift certificate is issued pursuant to an awards or loyalty program or in other instances where no money or other thing of value is given in exchange for the gift certificate.
(b) The gift certificate is donated to a charitable organization without any money or other thing of value being given in exchange for the gift certificate if the gift certificate is used by a charitable organization solely to provide charitable services.
(2) The expiration date must be disclosed clearly and legibly on any gift certificate described in subsection (1) of this section.
NEW SECTION. Sec. 5. It is lawful to issue, and to enforce against the bearer, a gift card containing a dormancy or inactivity charge if:
(1) A statement is printed on the gift card in at least six-point font stating the amount of the charge, how often the charge will occur, and that the charge is triggered by inactivity of the gift card. The statement may appear on the front or back of the gift card, but shall appear in a location where it is visible to any purchaser before the purchase of the gift card;
(2) The remaining value of the gift card is five dollars or less each time the charge is assessed;
(3) The charge does not exceed one dollar per month;
(4) The charge can only be assessed when there has been no activity on the gift card for twenty-four consecutive months, including but not limited to, purchases, the adding of value, or balance inquiries;
(5) The bearer may reload or add value to the gift card; and
(6) After a dormancy or inactivity charge is assessed, the remaining value of the gift certificate is redeemable in cash on demand.
NEW SECTION. Sec. 6. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(1) The gift certificate is donated to a charitable organization and is used for fund-raising activities of a charitable organization, without any money or other thing of value being given in exchange for the gift certificate by the charitable organization;
(2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font; and
(3) The expiration date is at least one year from the date the gift certificate is issued by the charitable organization.
NEW SECTION. Sec. 7. It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(1) The gift certificate is redeemable solely for goods or services provided in the state of Washington by artistic and cultural organizations;
(2) The expiration date is clearly and legibly printed on the front or face of the gift certificate, or printed on the back of the certificate in at least ten-point font;
(3) The expiration date is at least three years from the date the gift certificate is issued by the artistic and cultural organizations; and
(4) The unused value of the gift certificate at the time of expiration accrues solely to the benefit of artistic and cultural organizations.
NEW SECTION. Sec. 8. A requirement under sections 4 through 7 of this act that a statement or expiration date be printed on a gift certificate is satisfied if the statement appears as otherwise required on a sticker permanently affixed to the gift certificate.
NEW SECTION. Sec. 9. An issuer is not required to honor a gift certificate presumed abandoned under RCW 63.29.110, reported, and delivered to the department of revenue in the dissolution of a business association.
NEW SECTION. Sec. 10. (1) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. The value represented by the gift certificate belongs to the beneficiary, or to the legal representative of the beneficiary to the extent provided by law, and not to the issuer.
(2) An issuer of a gift certificate who is in bankruptcy shall continue to honor a gift certificate issued before the date of the bankruptcy filing on the grounds that the value of the gift certificate constitutes trust property of the beneficiary.
(3) The terms of a gift certificate may not make its redemption or other use invalid in the event of a bankruptcy.
(4) This section does not require, unless otherwise required by law, the issuer of a gift certificate to:
(a) Redeem a gift certificate for cash;
(b) Replace a lost or stolen gift certificate; or
(c) Maintain a separate account for the funds used to purchase the gift certificate.
(5) This section does not create an interest in favor of the beneficiary of the gift certificate in any specific property of the issuer.
(6) This section does not create a fiduciary or quasi-fiduciary relationship between the beneficiary of the gift certificates and the issuer unless otherwise provided by law.
(7) The issuer of a gift certificate has no obligation to pay interest on the value of a gift certificate held in trust under this section, unless otherwise provided by law.
NEW SECTION. Sec. 11. This chapter does not apply to gift certificates issued by financial institutions as defined in RCW 30.22.041 or their operating subsidiaries that are usable with multiple unaffiliated sellers of goods or services.
NEW SECTION. Sec. 12. An agreement made in violation of the provisions of this chapter is contrary to public policy and is void and unenforceable against the bearer.
Sec. 13. RCW 63.29.010 and 1983 c 179 s 1 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires:
(1) "Department" means the department of revenue established under RCW 82.01.050.
(2) "Apparent owner" means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder.
(3) "Attorney general" means the chief legal officer of this state referred to in chapter 43.10 RCW.
(4) "Banking organization" means a bank, trust company, savings bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization.
(5) "Business association" means a nonpublic corporation, joint stock company, investment company, business trust, partnership, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility.
(6) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person.
(7) "Financial organization" means a savings and loan association, cooperative bank, building and loan association, or credit union.
(8) "Gift certificate" has the same meaning as in section 2 of this act.
(9) "Holder" means a person, wherever organized or domiciled, who is:
(a) In possession of property belonging to another,
(b) A trustee, or
(c) Indebted to another on an obligation.
(((9))) (10) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance.
(((10))) (11) "Intangible property" does not include contract claims which are unliquidated but does include:
(a) Moneys, checks, drafts, deposits, interest, dividends, and income;
(b) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances, but does not include discounts which represent credit balances for which no consideration was given;
(c) Stocks, and other intangible ownership interests in business associations;
(d) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(e) Liquidated amounts due and payable under the terms of insurance policies; and
(f) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.
(((11))) (12) "Last known address" means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail.
(((12))) (13) "Owner" means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this chapter or his legal representative.
(((13))) (14) "Person" means an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.
(((14))) (15) "State" means any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States.
(((15))) (16) "Third party bank check" means any instrument drawn against a customer's account with a banking organization or financial organization on which the banking organization or financial organization is only secondarily liable.
(((16))) (17) "Utility" means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
Sec. 14. RCW 63.29.020 and 2003 1st sp.s. c 13 s 1 are each amended to read as follows:
(1) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.
(2) Property, with the exception of unredeemed Washington state lottery tickets and unpresented winning parimutuel tickets, is payable and distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.
(3) This chapter does not apply to claims drafts issued by insurance companies representing offers to settle claims unliquidated in amount or settled by subsequent drafts or other means.
(4) This chapter does not apply to property covered by chapter 63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags, luggage, or other used personal effects if such property is disposed of by the holder as follows:
(a) In the case of personal effects of negligible value, the property is destroyed; or
(b) The property is donated to a bona fide charity.
(6) This chapter does not apply to a gift certificate subject to the prohibition against expiration dates under section 3 of this act or to a gift certificate subject to sections 4 through 7 of this act. However, this chapter applies to gift certificates presumed abandoned under RCW 63.29.110.
Sec. 15. RCW 63.29.140 and 2003 1st sp.s. c 13 s 7 are each amended to read as follows:
(1) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned.
(2) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
(3) A gift certificate that is presumed abandoned under this section may, but need not be, included in the report as provided under RCW 63.29.170(4). If a gift certificate that is presumed abandoned under this section is not timely reported as provided under RCW 63.29.170(4), sections 1 through 12 of this act apply to the gift certificate.
Sec. 16. RCW 63.29.170 and 2003 c 237 s 1 are each amended to read as follows:
(1) A person holding property presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the department concerning the property as provided in this section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property with a value of more than fifty dollars presumed abandoned under this chapter;
(b) In the case of unclaimed funds of more than fifty dollars held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;
(c) In the case of the contents of a safe deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and where it may be inspected by the department, and any amounts owing to the holder;
(d) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items with a value of fifty dollars or less each may be reported in the aggregate;
(e) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and
(f) Other information the department prescribes by rule as necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his or her name while holding the property, the holder shall file with the report all known names and addresses of each previous holder of the property.
(4) The report must be filed before November 1st of each year and shall include, except as provided in RCW 63.29.140(3), all property presumed abandoned and subject to custody as unclaimed property under this chapter that is in the holder's possession as of the preceding June 30th. On written request by any person required to file a report, the department may postpone the reporting date.
(5) After May 1st, but before August 1st, of each year in which a report is required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at the last known address informing him or her that the holder is in possession of property subject to this chapter if:
(a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;
(b) The claim of the apparent owner is not barred by the statute of limitations; and
(c) The property has a value of more than seventy-five dollars.
NEW SECTION. Sec. 17. Sections 1 through 12 of this act constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 18. Sections 1 through 12 of this act apply to:
(1) Gift certificates issued on or after July 1, 2004; and
(2) Those gift certificates presumed abandoned on or after July 1, 2004, and not reported as provided in RCW 63.29.170(4).
NEW SECTION. Sec. 19. Sections 13 and 14 of this act take effect July 1, 2004.
NEW SECTION. Sec. 20. Sections 15 and 16 of this act take effect January 1, 2005."
Senator Horn spoke in favor of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Horn and Zarelli to Substitute Senate Bill No. 6675.
The motion by Senator Horn carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted
On page 1, line 1 of the title, after "certificates;" strike the remainder of the title and insert "amending RCW 63.29.010, 63.29.020, 63.29.140, and 63.29.170; adding a new chapter to Title 19 RCW; creating a new section; and providing effective dates."
MOTION
On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 6675 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Horn and Jacobsen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6675.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6675 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6675, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
Senator Esser, pursuant to Senate Rule 29 moved to limit each member to speak no more than once on each question and in no case for longer than three minutes. The motion carried by voice vote.
SECOND READING
SENATE BILL NO. 6285, by Senators Oke, Doumit, Roach, Swecker, Stevens, Morton, Winsley, T. Sheldon, Sheahan, Jacobsen, Rasmussen, Haugen, Hargrove, Berkey, Hale, Honeyford, Mulliken and Parlette
Providing for a regulated trapping program in the state.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6285 was substituted for Senate Bill No. 6285 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6285 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Jacobsen spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6285.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6285 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carlson, Deccio, Doumit, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, McCaslin, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Prentice, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Spanel, Stevens, Swecker, Winsley and Zarelli - 37.
Voting nay: Senators Eide, Esser, Fairley, Franklin, Fraser, Keiser, Kohl-Welles, McAuliffe, Poulsen, Regala, Sheldon, B. and Shin - 11.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6285, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6560, by Senators Oke, Fraser, Swecker, Kline, Kohl-Welles, Jacobsen, Thibaudeau, Fairley and Winsley
Modifying animal cruelty provisions. Revised for 1st Substitute: Concerning animal cruelty.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6560 was substituted for Senate Bill No. 6560 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 6560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and Fraser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6560.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6560 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 48.
Excused: Senator Thibaudeau - 1.
SUBSTITUTE SENATE BILL NO. 6560, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 5585, by Senators Swecker, Jacobsen, Oke, Spanel, Prentice, Haugen, Rasmussen, Parlette, Mulliken, Zarelli, Hale, Finkbeiner, Deccio and Horn
Expanding the authority of transportation benefit districts.
MOTIONS
On motion of Senator Swecker, Second Substitute Senate Bill No. 5585 was substituted for Senate Bill No. 5585 and the second substitute bill was placed on second reading and read the second time.
MOTION
Senator Benton moved that the following amendment by Senator Benton be adopted:
On page 1, line 18, after "improvements" insert ", to a road or highway only,"
On page 2, line 2, after "significance" strike all material through "improvements" on line 12
Senator Benton spoke in favor of adoption of the amendment.
Senator Swecker spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 18 to Second Substitute Senate Bill No. 5585.
The motion by Senator Benton failed and the amendment was not adopted by voice vote.
MOTION
Senator Benton moved that the following amendment by Senator Benton be adopted:
On page 2, line 15, after "significance," insert "with a designated level of service of D, E, or F,"
Senator Benton spoke in favor of adoption of the amendment.
Senators Swecker and Jacobsen spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 2, line 15 to Second Substitute Senate Bill No. 5585.
The motion by Senator Benton failed and the amendment was not adopted by voice vote.
MOTION
Senator Swecker moved that the following amendment by Senators Swecker and Spanel be adopted:
On page 3, line 12, after "such))." insert "However, if deemed appropriate by the governing body of the transportation benefit district, a transportation improvement may be owned by a participating port district or transit district, unless otherwise prohibited by law."
Senator Swecker spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Swecker and Spanel on page 3, line 12 to Second Substitute Senate Bill No. 5585.
The motion by Senator Swecker carried and the amendment was adopted by voice vote.
MOTION
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5585 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Swecker and Spanel spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 5585.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5585 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Murray, Oke, Pflug, Poulsen, Prentice, Rasmussen, Regala, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Winsley and Zarelli - 44.
Voting nay: Senators Mulliken, Parlette, Roach and Stevens - 4.
Excused: Senator Thibaudeau - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5585, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6598, by Senators Esser, Schmidt, Mulliken, Rasmussen, Parlette and Stevens
Regulating the provision of wholesale telecommunications services by public utility districts.
On motion of Senator Esser, the bill was not substituted.
The bill was read the second time.
MOTION
Senator Esser moved that the following striking amendment by Senators Esser and Poulsen be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 54.16.330 and 2000 c 81 s 3 are each amended to read as follows:
(1) A public utility district in existence on June 8, 2000, may construct, purchase, acquire, develop, finance, lease, license, handle, provide, add to, contract for, interconnect, alter, improve, repair, operate, and maintain any telecommunications facilities within or without the district's limits for the following purposes:
(a) For the district's internal telecommunications needs; and
(b) For the provision of wholesale telecommunications services within the district and by contract with another public utility district.
Nothing in this subsection shall be construed to authorize public utility districts to provide telecommunications services to end users.
(2) A public utility district providing wholesale telecommunications services shall ensure that rates, terms, and conditions for such services are not unduly or unreasonably discriminatory or preferential. Rates, terms, and conditions are discriminatory or preferential when a public utility district offering rates, terms, and conditions to an entity for wholesale telecommunications services does not offer substantially similar rates, terms, and conditions to all other entities seeking substantially similar services.
(3) ((When)) A public utility district ((establishes a separate utility function for the provision of wholesale telecommunications services, it shall account for any and all revenues and expenditures related to its wholesale telecommunications facilities and services separately from revenues and expenditures related to its internal telecommunications operations)) providing wholesale telecommunications services shall not be required to but may establish a separate utility system or function for such purpose. In either case, a public utility district providing wholesale telecommunications services shall separately account for any revenues and expenditures for those services according to standards established by the state auditor pursuant to its authority in chapter 43.09 RCW and consistent with the provisions of this title. Any revenues received from the provision of wholesale telecommunications services must be dedicated to ((the utility function that includes the provision of wholesale telecommunications services for)) costs incurred to build and maintain ((the)) any telecommunications facilities constructed, installed, or acquired to provide such services, including payments on debt issued to finance such services, until such time as any bonds or other financing instruments executed after June 8, 2000, and used to finance ((the)) such telecommunications facilities are discharged or retired.
(4) When a public utility district ((establishes a separate utility function for the provision of)) provides wholesale telecommunications services, all telecommunications services rendered ((by the separate function)) to the district for the district's internal telecommunications needs shall be allocated or charged at its true and full value. A public utility district may not charge its nontelecommunications operations rates that are preferential or discriminatory compared to those it charges entities purchasing wholesale telecommunications services.
(5) A public utility district shall not exercise powers of eminent domain to acquire telecommunications facilities or contractual rights held by any other person or entity to telecommunications facilities.
(6) Except as otherwise specifically provided, a public utility district may exercise any of the powers granted to it under this title and other applicable laws in carrying out the powers authorized under this section. Nothing in chapter 81, Laws of 2000 limits any existing authority of a public utility district under this title."
Senator Esser spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Esser and Poulsen to Senate Bill No. 6598.
The motion by Senator Esser carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "accounting for the provision of wholesale telecommunications services by public utility districts; and amending RCW 54.16.330."
MOTION
On motion of Senator Esser, the rules were suspended, Engrossed Senate Bill No. 6598 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Esser spoke in favor of passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6598.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6598 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Berkey, 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, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Winsley and Zarelli - 47.
Absent: Senator McCaslin - 1.
Excused: Senator Thibaudeau - 1.
ENGROSSED SENATE BILL NO. 6598, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
SECOND READING
SENATE BILL NO. 6415, by Senators Morton, Doumit, Hewitt, Hargrove, Honeyford, T. Sheldon, Hale, Murray and Stevens
Concerning storm water general discharge permits. Revised for 1st Substitute: Concerning the conditioning of industrial and construction storm water general discharge permits.
MOTION
On motion of Senator Morton, Substitute Senate Bill No. 6415 was substituted for Senate Bill No. 6415 and the substitute bill was placed on second reading and read the second time.
MOTIONS
On motion of Senator Hewitt, Senator McCaslin was excused.
On motion of Senator Doumit, Senator Keiser was excused.
MOTION
Senator Morton moved that the following striking amendment by Senators Morton and Doumit be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that the federal permit program under the federal clean water act and the state water pollution control laws provide numerous environmental and public health benefits to the citizens of Washington and to the state. Failure to prevent and control pollution discharges, including those associated with storm water runoff, can damage the public health and industries dependent on clean water such as shellfish production.
(2) The legislature finds the nature of storm water presents unique challenges and difficulties in meeting the permitting requirements under the federal clean water act, including compliance with technology and water quality-based standards.
(3) The legislature finds that the federal clean water act requires certain larger construction sites and industrial facilities to obtain storm water permits under the national pollutant discharge elimination system permit program. The legislature also finds that under phase two of this program, smaller construction sites are also required to obtain storm water permits for their discharges.
(4) The legislature finds the department of ecology has been using general permits to permit categories of similar dischargers, including storm water associated with industrial and construction activities. The legislature finds general permits must comply with all applicable requirements of the federal clean water act and the state water pollution control act including technology and water quality-based permitting requirements. The legislature further finds general permits may not always be the best solution for an individual discharger, especially when establishing water quality-based permitting requirements.
(5) The legislature finds that where sources within a specific category or subcategory of dischargers are subject to water quality-based requirements imposed under the federal clean water act, the sources in that specific category or subcategory must be subject to the same water quality-based requirements.
(6) For this reason, the legislature encourages, to the extent allowed under existing state and federal law, an adaptive management approach to permitting storm water discharges.
(7) The legislature further finds that storm water management must satisfy state and federal water quality requirements while also providing for flexibility in meeting such requirement to help ensure cost-effective storm water management.
(8) The legislature declares that general permits can be an effective and efficient permitting mechanism for permitting large numbers of similar dischargers.
(9) The legislature further declares that an inspection and technical assistance program for industrial and construction storm water general permits is needed to ensure an effective permitting program. Such a program should be fully funded to ensure its success.
NEW SECTION. Sec. 2. A new section is added to chapter 90.48 RCW to read as follows:
(1) Effluent limitations shall be included in construction and industrial storm water general permits as required under the federal clean water act and implementing regulations. In accordance with federal clean water act requirements, effluent limitations must be included in construction and industrial storm water general permits if there is a reasonable potential to cause or contribute to an excursion of a state water quality standard.
(2) Subject to the provisions of this section, effluent limitations may be expressed as (a) numeric effluent limitations; (b) narrative effluent limitations; or (c) a combination of numeric and narrative effluent discharge limitations.
(3) The department may only condition storm water general permits for industrial and construction activities issued under the national pollutant discharge elimination system of the federal clean water act to require compliance with numeric effluent discharge limits when such discharges are subject to:
(a) Numeric effluent limitations established in federally adopted, industry-specific effluent guidelines;
(b) State developed, industry-specific performance-based numeric effluent limitations;
(c) Numeric effluent limitations based on a completed total maximum daily load analysis or other pollution control measures; or
(d) A determination by the department that the discharges covered under either the construction or industrial storm water general permits have (i) a reasonable potential to cause or contribute to violation of state water quality standards; and (ii) a determination by the department that effluent limitations based on nonnumeric best management practices are not effective in achieving compliance with state water quality standards.
(4) In making a determination under subsection (3)(d) of this section, the department shall use procedures that account for (a) existing controls on point and nonpoint sources of pollution; (b) the variability of the pollutant or pollutant parameter in the storm water runoff; and (c) as appropriate, the dilution of the storm water in the receiving waters.
(5) Narrative effluent limitations requiring the implementation of best management practices, when designed to satisfy technology and water quality-based requirements of the federal clean water act, shall be used for construction and industrial storm water general permits, unless the provisions of subsection (3) of this section apply.
(6) Compliance with water quality standards shall be presumed, unless site specific information demonstrates otherwise, when the permittee is:
(a) In compliance with permit conditions for planning, sampling, monitoring, reporting, and recordkeeping; and
(b) Following storm water management practices, or practices that are demonstrably equivalent to practices contained in storm water technical manuals approved by the department, including the proper selection, implementation, and maintenance of appropriate best management practices for on-site pollution control.
(7) Existing discharges to receiving waters listed under section 303(d) of the federal clean water act shall be conditioned on an interim effluent discharge limit based on compliance with all requirements of a permit including implementation of best management practices for a period of ten years or until a completed total maximum daily load is adopted by the department, whichever is earlier.
(8) Permittees covered under the construction and industrial storm water general permits must not cause or have the reasonable potential to cause or contribute to a violation of an applicable water quality standard. Where a discharge has already been authorized under a national pollutant discharge elimination system storm water permit and it is later determined to cause or have the reasonable potential to cause or contribute to the violation of an applicable water quality standard, the department must notify the permittee of such a violation.
(9) Once notified by the department that a determination of reasonable potential to cause or contribute to the violation of an applicable water quality standard, the permittee must take all necessary actions to ensure future discharges do not cause or contribute to the violation of a water quality standard and document those actions in the storm water pollution prevention plan.
(10) Receiving water sampling shall not be a requirement of an industrial or construction storm water general permit unless it can be conducted without endangering the health and safety of a permittee and its employees.
NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:
(1) By January 1, 2005, the department shall initiate an inspection program of all permittees covered under the construction and industrial storm water general permits. The purpose of the inspections is to:
(a) Provide technical assistance and survey for evidence of permit violations;
(b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;
(c) Monitor the development and implementation of storm water pollution prevention plans; and
(d) Identify dischargers who would benefit from follow-up technical assistance programs.
(2) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all permittees must be inspected once within two years of the start of this program.
(3) Permittees must be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:
(a) Historical compliance history, including submittal or nonsubmittal of discharge monitoring reports;
(b) Monitoring results in relationship to permit benchmarks; and
(c) Discharge to impaired waters of the state.
NEW SECTION. Sec. 4. If any portion of sections 2 and 3 of this act are found to be in conflict with the federal clean water act, that portion alone is void.
NEW SECTION. Sec. 5. This act expires January 1, 2015.
NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, this act is null and void."
Senator Morton spoke in favor of adoption of the striking amendment.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Morton and Doumit to Substitute Senate Bill No. 6415.
The motion by Senator Morton carried and the striking amendment was adopted by voice vote.
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "permits;" strike the remainder of the title and insert "adding new sections to chapter 90.48 RCW; creating new sections; and providing an expiration date."
MOTION
On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 6415 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Morton and Doumit spoke in favor of passage of the bill.
Senator Fraser spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6415.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6415 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Berkey, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, Morton, Mulliken, Murray, Oke, Parlette, Pflug, Rasmussen, Roach, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, Winsley and Zarelli - 33.
Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B. and Spanel - 13.
Excused: Senators Keiser, McCaslin and Thibaudeau - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6415, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
MOTION
At 7:38 p.m., on motion of Senator Esser, the Senate adjourned until 9:00 a.m., Tuesday, February 17, 2004.
BRAD OWEN, President of the Senate
MILTON H. DOUMIT, JR., Secretary of the Senate