SIXTY-SIXTH DAY
MORNING SESSION
Senate Chamber, Olympia, Wednesday, March 16, 2005
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Brown, Deccio, Fairley, Finkbeiner, Hargrove, Mulliken, Parlette and Pflug.
The Sergeant at Arms Color Guard consisting of Pages Elizabeth Priestman and Laura Fox, presented the Colors. Father Seamus Laverty of the Saint Patrick Church offered the prayer.
MOTION
On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Eide, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
March 14, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
ENGROSSED HOUSE BILL NO. 1016,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1251,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1402,
SUBSTITUTE HOUSE BILL NO. 1419,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1458,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1688,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1830,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2060,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2069,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 14, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1031,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1291,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1631,
ENGROSSED HOUSE BILL NO. 1917,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2157,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2266,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 15, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
SUBSTITUTE HOUSE BILL NO. 1097,
SUBSTITUTE HOUSE BILL NO. 1169,
SUBSTITUTE HOUSE BILL NO. 1210,
SUBSTITUTE HOUSE BILL NO. 1218,
SUBSTITUTE HOUSE BILL NO. 1591,
SUBSTITUTE HOUSE BILL NO. 1747,
SUBSTITUTE HOUSE BILL NO. 1850,
SUBSTITUTE HOUSE BILL NO. 1887,
SUBSTITUTE HOUSE BILL NO. 1893,
SUBSTITUTE HOUSE BILL NO. 1995,
SUBSTITUTE HOUSE BILL NO. 2169,
SUBSTITUTE HOUSE BILL NO. 2225,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 15, 2005
MR. PRESIDENT:
The House has passed the following bills{s}:
SUBSTITUTE HOUSE BILL NO. 1341,
SUBSTITUTE HOUSE BILL NO. 1754,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1799,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2027,
HOUSE JOINT RESOLUTION NO. 4202
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 15, 2005
MR. PRESIDENT:
The House has passed the following bills{s}:
SUBSTITUTE HOUSE BILL NO. 1216,
SUBSTITUTE HOUSE BILL NO. 1541,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
March 15, 2005
MR. PRESIDENT:
The House has passed the following bill{s}:
ENGROSSED HOUSES BILL NO. 2219,
ENGROSSED HOUSE BILL NO. 2254,
and the same are herewith transmitted.
RICHARD NAFZIGER, Chief Clerk
MOTION
There being no objection, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
AN ACT Relating to modifying the petroleum products tax; amending RCW 82.23A.020; and repealing RCW 82.23A.902.
Referred to Committee on Transportation.
SB 6089 by Senators Finkbeiner, Jacobsen, Esser, Kastama, Schmidt and Swecker
AN ACT Relating to central Puget Sound regional transportation improvements; amending RCW 36.120.020, 36.120.050, 36.120.070, 47.56.076, 81.100.080, and 35.95A.070; adding a new section to chapter 82.80 RCW; and creating a new section.
Referred to Committee on Transportation.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1016 by Representatives Campbell, Kirby, Appleton and Simpson
AN ACT Relating to homeowner's insurance; and adding a new section to chapter 48.18 RCW.
Referred to Committee on Financial Institutions, Housing & Consumer Protection.
ESHB 1029 by House Committee on Transportation (originally sponsored by Representatives Simpson, Rodne, B. Sullivan and Anderson)
AN ACT Relating to all-terrain vehicles; amending RCW 46.01.040 and 46.09.020; adding new sections to chapter 46.09 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Transportation.
ESHB 1031 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Cody, Simpson, Wood, Green, McIntire, Morrell, Kenney, P. Sullivan and Darneille)
AN ACT Relating to problem gambling; amending RCW 43.20A.890, 67.70.240, 82.04.350, 82.04.290, and 9.46.071; adding a new section to chapter 43.20A RCW; adding new sections to chapter 82.04 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SHB 1065 by House Committee on Transportation (originally sponsored by Representatives Hudgins, Ericksen, McCoy, Haigh, Miloscia, Simpson, Upthegrove, Kessler, Appleton, Williams, Curtis, Conway, Nixon, P. Sullivan, Kenney, Hinkle, Wallace, Jarrett, Dunn, Linville, Morris, Wood, Hunter, Sells, Clibborn, Morrell, Campbell, B. Sullivan and Chase)
AN ACT Relating to the armed forces license plate collection; amending RCW 46.16.755, 73.04.115, and 41.04.007; reenacting and amending RCW 46.16.313, 73.04.110, and 43.79A.040; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 43.60A RCW.
Referred to Committee on Transportation.
EHB 1068 by Representatives Quall, McDermott and Haigh
AN ACT Relating to elimination of mandatory norm-referenced student assessments; amending RCW 28A.230.195; adding a new section to chapter 28A.655 RCW; and repealing RCW 28A.230.190, 28A.230.193, 28A.230.230, and 28A.230.260.
Referred to Committee on Early Learning, K-12 & Higher Education.
EHB 1074 by Representatives Dunshee, Jarrett, Chase and Schual-Berke
AN ACT Relating to increasing the administrative cap on the housing assistance program and the affordable housing program; amending RCW 43.185.050, 43.185.070, and 43.185A.030; and providing an expiration date.
Referred to Committee on Financial Institutions, Housing & Consumer Protection.
ESHB 1080 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives McDonald, O'Brien and Morrell)
AN ACT Relating to protecting dependent persons by changing the crimes of criminal mistreatment and abandonment of a dependent person; amending RCW 9A.42.010, 9A.42.020, 9A.42.030, 9A.42.035, 9A.42.037, 9A.42.060, 9A.42.070, and 9A.42.080; reenacting and amending RCW 9.94A.515; prescribing penalties; providing an effective date; and declaring an emergency.
Referred to Committee on Judiciary.
SHB 1097 by House Committee on Transportation (originally sponsored by Representatives Schual-Berke, Hinkle, Kagi, McCoy, Dickerson, Sells, Hunter, Roach, Tom, Nixon, Jarrett, Upthegrove, Murray, Campbell, Pettigrew, Roberts, Simpson, Ormsby, Appleton, Morrell, Haler, Dunn, P. Sullivan, O'Brien, Chase, Strow and Conway)
AN ACT Relating to the "Keep Kids Safe" license plate series; amending RCW 43.121.100; reenacting and amending RCW 46.16.313; adding a new section to chapter 46.16 RCW; and adding a new section to chapter 46.04 RCW.
Referred to Committee on Transportation.
SHB 1116 by House Committee on Transportation (originally sponsored by Representatives Wallace, Ericksen, Linville, Kristiansen, Grant, Serben, Walsh, Sells and Strow)
AN ACT Relating to the "Ski & Ride Washington" special license plate; reenacting and amending RCW 46.16.313; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 46.04 RCW.
Referred to Committee on Transportation.
SHB 1169 by House Committee on Local Government (originally sponsored by Representatives Quall, P. Sullivan, Talcott, Strow, Grant, Buri, Morrell, Miloscia, Dickerson, Morris, Lovick, Simpson, Tom, Chase, Kenney, O'Brien, Sells, Ormsby, Haigh and Santos)
AN ACT Relating to including public school facilities as essential public facilities; and amending RCW 36.70A.200.
Referred to Committee on Government Operations & Elections.
SHB 1210 by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives B. Sullivan, Buck, Blake, Kretz, Upthegrove, Eickmeyer, Orcutt and Morrell)
AN ACT Relating to short-term fishing licenses; and amending RCW 77.32.470 and 77.32.430.
Referred to Committee on Natural Resources, Ocean & Recreation.
SHB 1216 by House Committee on Transportation (originally sponsored by Representatives Lovick, Eickmeyer, Upthegrove, Ericksen, Morrell, Dickerson, Holmquist and Sells)
AN ACT Relating to Wild On Washington license plates; amending RCW 77.12.170; reenacting and amending RCW 46.16.313; and adding new sections to chapter 46.16 RCW.
Referred to Committee on Transportation.
SHB 1218 by House Committee on Transportation (originally sponsored by Representatives B. Sullivan, Lovick, Eickmeyer, Upthegrove, Ericksen, Morrell, Dickerson, Sells and Ormsby)
AN ACT Relating to endangered wildlife license plates; amending RCW 77.12.170; reenacting and amending RCW 46.16.313; and adding new sections to chapter 46.16 RCW.
Referred to Committee on Transportation.
SHB 1236 by House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Morrell, Miloscia, Lovick, Darneille and Lantz)
AN ACT Relating to failing to summon assistance; adding new sections to chapter 9A.36 RCW; and prescribing penalties.
Referred to Committee on Judiciary.
ESHB 1251 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Santos, Roach, Kirby, Morrell, Simpson, Hasegawa, P. Sullivan and McIntire)
AN ACT Relating to tax refund anticipation loans; adding a new chapter to Title 19 RCW; and prescribing penalties.
Referred to Committee on Financial Institutions, Housing & Consumer Protection.
HB 1254 by Representatives Wood, Jarrett, Simpson, B. Sullivan, Wallace, Kilmer, Hankins, Haler, Hunter, Morrell, Lovick, Nixon and Ormsby
AN ACT Relating to the "share the road" special license plate; reenacting and amending RCW 46.16.313; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 46.04 RCW.
Referred to Committee on Transportation.
E2SHB 1291 by House Committee on Appropriations (originally sponsored by Representatives Cody, Bailey, Morrell, Hinkle, Green, Moeller, Kessler, Haigh, Linville, Kagi, Santos and Ormsby)
AN ACT Relating to improving health care professional and health care facility patient safety practices; amending RCW 43.70.110 and 43.70.250; adding new sections to chapter 43.70 RCW; adding a new section to chapter 7.70 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Health & Long-Term Care.
HB 1383 by Representatives Condotta, Bailey, Newhouse, Curtis, Hinkle, Pearson, Kretz, Strow, Armstrong, Kristiansen, Talcott, Skinner and Holmquist
AN ACT Relating to the public employees' benefits board; and amending RCW 41.05.065.
Referred to Committee on Health & Long-Term Care.
HB 1399 by Representatives Quall, McCoy, Cox, Blake, Sells, Skinner, Fromhold, Clements, Appleton, Morris, Linville, Hunter, Darneille, Ormsby, Morrell, Murray, Roberts, Campbell, Chase, P. Sullivan, Santos, Haigh, Dunn and Simpson
AN ACT Relating to public tribal colleges participating in the running start program; and amending RCW 28A.600.300.
Referred to Committee on Early Learning, K-12 & Higher Education.
ESHB 1402 by House Committee on Criminal Justice & Corrections (originally sponsored by Representative O'Brien)
AN ACT Relating to supervision of offenders who travel or transfer to or from another state; amending RCW 9.95.204, 9.95.214, 35.20.255, and 10.64.120; adding a new section to chapter 9.94A RCW; adding a new section to chapter 3.66 RCW; adding a new section to chapter 3.50 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Human Services & Corrections.
SHB 1419 by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Kirby, Roach, Santos, Newhouse and Williams)
AN ACT Relating to reserving state authority to regulate the customer transactions of financial service providers under the jurisdiction of the department of financial institutions; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section.
Referred to Committee on Financial Institutions, Housing & Consumer Protection.
HB 1429 by Representatives Dickerson, Ericksen, Murray, Linville, B. Sullivan, Lovick, Talcott, Campbell, Chase, Nixon and Simpson
AN ACT Relating to authorizing personal rapid transit and magnetic levitation transit systems; amending RCW 81.104.015; adding new sections to chapter 81.104 RCW; and providing an effective date.
Referred to Committee on Transportation.
E2SHB 1458 by House Committee on Appropriations (originally sponsored by Representatives Hunt, Dickerson, McCoy, B. Sullivan, Williams, Haigh, Appleton, Linville, Chase, Dunshee, Simpson, Upthegrove, Moeller and McDermott)
AN ACT Relating to managing on-site sewage disposal systems in marine areas; amending RCW 43.20.050; adding a new section to chapter 43.155 RCW; adding a new chapter to Title 70 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Water, Energy & Environment.
SHB 1541 by House Committee on Transportation (originally sponsored by Representatives Murray, Woods, Wallace, Jarrett, Ericksen, Morris, B. Sullivan, Chase, Schual-Berke, Rodne and Dickerson)
AN ACT Relating to transportation innovative partnerships; and adding a new chapter to Title 47 RCW.
Referred to Committee on Transportation.
SHB 1591 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke, Hinkle, Cody, Skinner and Moeller)
AN ACT Relating to care facilities; adding a new section to chapter 18.20 RCW; and creating a new section.
Referred to Committee on Health & Long-Term Care.
ESHB 1631 by House Committee on Local Government (originally sponsored by Representatives Clibborn, Fromhold, Moeller, Wallace and Jarrett)
AN ACT Relating to using revenues under the county conservation futures levy; amending RCW 84.34.230 and 84.34.240; and reenacting and amending RCW 84.52.010.
Referred to Committee on Natural Resources, Ocean & Recreation.
SHB 1643 by House Committee on Judiciary (originally sponsored by Representative B. Sullivan)
AN ACT Relating to liability immunity for municipal or nonprofit owned skate parks that charge nominal fees; and reenacting and amending RCW 4.24.210.
Referred to Committee on Judiciary.
E2SHB 1688 by House Committee on Appropriations (originally sponsored by Representatives Cody, Clibborn, Moeller, Sommers, Kenney and Schual-Berke)
AN ACT Relating to creating a task force to review health care facilities and services supply issues; and creating new sections.
Referred to Committee on Ways & Means.
SHB 1747 by House Committee on Judiciary (originally sponsored by Representatives Wood, Rodne, Priest, Clements, Lantz, Williams, Darneille and Ormsby)
AN ACT Relating to state-funded civil representation of indigent persons; amending RCW 43.08.250 and 43.08.260; adding a new chapter to Title 2 RCW; creating a new section; recodifying RCW 43.08.260; repealing RCW 43.08.270; providing an effective date; and declaring an emergency.
Referred to Committee on Ways & Means.
SHB 1806 by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Kenney, Haigh, Kessler, Morrell, Dickerson, Williams, P. Sullivan, Ericks, Anderson, McDermott, Wood, Linville, Moeller and Hudgins)
AN ACT Relating to encouraging the ethical transfer of technology for the economic benefit of the state; amending RCW 42.52.010, 42.52.030, 42.52.200, and 42.52.360; and adding a new section to chapter 42.52 RCW.
Referred to Committee on Labor, Commerce, Research & Development.
ESHB 1830 by House Committee on State Government Operations & Accountability (originally sponsored by Representatives Hunt, Jarrett, Morrell, McDonald, Pettigrew, Hasegawa, Eickmeyer, Clibborn, Simpson and Ericks)
AN ACT Relating to alternative public works contracting procedures; adding new sections to chapter 39.10 RCW; and creating a new section.
Referred to Committee on Government Operations & Elections.
SHB 1834 by House Committee on Appropriations (originally sponsored by Representatives McIntire, Anderson, Kessler, Conway, Fromhold, Clements, Kagi, Linville, Jarrett, Hunter, Tom, Hinkle, Upthegrove, Kilmer, Wood and Santos)
AN ACT Relating to establishing a process for reporting, reviewing, and collecting data on performance measures; amending RCW 43.88.090 and 43.88.030; adding a new section to chapter 43.88 RCW; and adding a new chapter to Title 44 RCW.
Referred to Committee on Ways & Means.
EHB 1848 by Representatives Springer, Tom, Lantz, Priest, Hunter, Jarrett, Clibborn, Serben, Fromhold, Rodne, Williams, Flannigan, Kessler, O'Brien and Simpson
AN ACT Relating to managing construction defect disputes involving multiunit residential buildings; amending RCW 64.34.415, 64.34.410, and 64.34.100; adding a new section to chapter 64.34 RCW; adding a new chapter to Title 64 RCW; creating a new section; and providing an effective date.
Referred to Committee on Judiciary.
SHB 1850 by House Committee on Health Care (originally sponsored by Representatives Schual-Berke and Cody)
AN ACT Relating to retired volunteer medical workers; amending RCW 43.70.110 and 43.70.250; adding a new section to chapter 18.130 RCW; and adding a new section to chapter 4.24 RCW.
Referred to Committee on Health & Long-Term Care.
SHB 1887 by House Committee on Finance (originally sponsored by Representatives Hasegawa, Orcutt and Chase)
AN ACT Relating to exemptions to the litter tax; and amending RCW 82.19.050.
Referred to Committee on Water, Energy & Environment.
SHB 1893 by House Committee on Education (originally sponsored by Representatives McDermott, Kenney and Dickerson)
AN ACT Relating to certification of teachers of the deaf and hard of hearing; adding a new section to chapter 28A.410 RCW; and creating a new section.
Referred to Committee on Early Learning, K-12 & Higher Education.
EHB 1917 by Representatives Conway, Wood and Chase
AN ACT Relating to improving stability in industrial insurance premium rates; amending RCW 51.16.035; and creating a new section.
Referred to Committee on Labor, Commerce, Research & Development.
SHB 1918 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Wood and Chase)
AN ACT Relating to implementing recommendation no. 2 of the joint legislative audit and review committee's report no. 98-9 with regard to reporting of industrial insurance injuries; amending RCW 51.28.020, 51.28.020, and 51.28.080; adding a new section to chapter 51.28 RCW; providing an effective date; and providing an expiration date.
Referred to Committee on Labor, Commerce, Research & Development.
SHB 1995 by House Committee on Capital Budget (originally sponsored by Representatives Lantz, Skinner, Hunt, Moeller and Upthegrove)
AN ACT Relating to stewardship of state capitol public and historic facilities; amending RCW 43.01.090, 43.19.500, and 79.24.087; and adding new sections to chapter 79.24 RCW.
Referred to Committee on Ways & Means.
SHB 2033 by House Committee on Finance (originally sponsored by Representatives McIntire, Orcutt, Conway, Hunter, Chase and Santos)
AN ACT Relating to the allocation of printing and publishing income for municipal business and occupation taxes; adding a new section to chapter 35.102 RCW; and providing an effective date.
Referred to Committee on Ways & Means.
ESHB 2056 by House Committee on Commerce & Labor (originally sponsored by Representatives Conway and Wood)
AN ACT Relating to recreational vehicle shows; amending RCW 46.70.011; and adding a new section to chapter 46.70 RCW.
Referred to Committee on Transportation.
ESHB 2060 by House Committee on Health Care (originally sponsored by Representatives Cody, Schual-Berke, Appleton, Morrell, Moeller, Green, Clibborn, Kenney, Upthegrove, Conway, Chase, Darneille, Haigh and Santos)
AN ACT Relating to expanding participation in state purchased health care programs; and amending RCW 70.47.020 and 48.43.018.
Referred to Committee on Health & Long-Term Care.
E2SHB 2069 by House Committee on Appropriations (originally sponsored by Representatives Morrell, Hankins, Cody, Sells, Green, Kenney, Moeller, Conway and Chase)
AN ACT Relating to expanding access to insurance coverage through the small business assist program; amending RCW 70.47.010, 70.47.015, 70.47.020, 70.47.060, 70.47.100, 70.47.120, 70.47.160, and 41.05.140; reenacting and amending RCW 43.79A.040; adding new sections to chapter 70.47 RCW; and adding a new section to chapter 74.09 RCW.
Referred to Committee on Health & Long-Term Care.
HB 2131 by Representatives Conway and Springer
AN ACT Relating to the master licensing service; and adding a new section to chapter 19.02 RCW.
Referred to Committee on Government Operations & Elections.
ESHB 2157 by House Committee on Transportation (originally sponsored by Representatives Murray, Simpson, B. Sullivan, Dickerson, Sells, Ericks, McIntire and Conway)
AN ACT Relating to authorizing the financing of regional transportation improvements by counties; amending RCW 81.104.140, 81.100.030, 81.100.060, 81.100.080, 82.14.430, 82.80.005, 82.80.010, 82.80.030, 82.80.070, 82.80.080, 82.80.100, 47.56.075, and 47.56.076; adding a new section to chapter 47.80 RCW; adding a new section to chapter 82.80 RCW; adding a new section to chapter 47.56 RCW; adding a new chapter to Title 36 RCW; creating new sections; and repealing RCW 36.120.010, 36.120.020, 36.120.030, 36.120.040, 36.120.050, 36.120.060, 36.120.070, 36.120.080, 36.120.090, 36.120.100, 36.120.110, 36.120.120, 36.120.130, 36.120.140, 36.120.150, 36.120.160, 36.120.170, 36.120.180, 36.120.190, 36.120.200, 36.120.900, 36.120.901, 82.80.110, and 82.80.120.
Referred to Committee on Transportation.
SHB 2169 by House Committee on Children & Family Services (originally sponsored by Representatives Walsh, Grant, Buri, Cox and Haler)
AN ACT Relating to licensing of family day care; and creating a new section.
Referred to Committee on Human Services & Corrections.
2SHB 2212 by House Committee on Appropriations (originally sponsored by Representatives Hunter, Cox, Haigh, Talcott and Lantz)
AN ACT Relating to educator certification; amending RCW 28A.410.210 and 28A.305.130; adding new sections to chapter 28A.410 RCW; and creating a new section.
Referred to Committee on Early Learning, K-12 & Higher Education.
EHB 2219 by Representatives Hunt, DeBolt, Williams and Alexander
AN ACT Relating to urban industrial land banks; and amending RCW 36.70A.367.
Referred to Committee on Government Operations & Elections.
SHB 2225 by House Committee on Financial Institutions & Insurance (originally sponsored by Representative Kirby)
AN ACT Relating to allowing certain higher education endowment grant funds to be deposited outside the state; and amending RCW 39.58.080 and 39.58.085.
Referred to Committee on Financial Institutions, Housing & Consumer Protection.
EHB 2254 by Representative Cody
AN ACT Relating to peer review committees and coordinated quality improvement programs; and amending RCW 4.24.250, 43.70.510, and 70.41.200.
Referred to Committee on Health & Long-Term Care.
E2SHB 2259 by House Committee on Finance (originally sponsored by Representatives Takko, Simpson, Schindler and Blake)
AN ACT Relating to water-sewer districts; adding a new section to chapter 35.13A RCW; adding a new section to chapter 35.21 RCW; and declaring an emergency.
Referred to Committee on Government Operations & Elections.
ESHB 2266 by House Committee on Health Care (originally sponsored by Representatives Campbell, Morrell, Green, Moeller, Lantz, Cody, McCune, Haler, Lovick, McDonald and Ahern)
AN ACT Relating to the sale of ephedrine, pseudoephedrine, and phenylpropanolamine; amending RCW 18.64.044, 18.64.046, and 18.64.047; adding new sections to chapter 69.43 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Judiciary.
SHJM 4003 by House Committee on Transportation (originally sponsored by Representatives Ericksen, Kessler, Haler, O'Brien, Talcott, Chase, Dickerson and B. Sullivan)
Requesting Congress to consider Washington for magnetic levitation transportation funding.
Referred to Committee on Transportation.
MOTION
On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated.
MOTION
On motion of Senator Eide, the Senate reverted to the third order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Spanel, moved that Gubernatorial Appointment No. 9216, Betty Woods, as a member of the Board of Trustees, Western Washington University, be confirmed.
Senator Spanel spoke in favor of the motion.
MOTIONS
On motion of Senator Hewitt, Senators Deccio, Parlette and Pflug were excused.
On motion of Senator Regala, Senator Fairley was excused.
APPOINTMENT OF BETTY WOODS
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9216, Betty Woods as a member of the Board of Trustees, Western Washington University.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9216, Betty Woods as a member of the Board of Trustees, Western Washington University and the appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 5; Excused, 4.
Voting yea: Senators Benson, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Absent: Senators Benton, Brown, Finkbeiner, Hargrove and Mulliken - 5
Excused: Senators Deccio, Fairley, Parlette and Pflug - 4
Gubernatorial Appointment No. 9216, Betty Woods, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Western Washington University.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator Doumit, moved that Gubernatorial Appointment No. 9076, Michael G. Heuer, as a member of the Board of Trustees, Lower Columbia Community College District No. 13, be confirmed.
Senator Doumit spoke in favor of the motion.
MOTIONS
On motion of Senator Hewitt, Senators Finkbeiner and Mulliken were excused.
On motion of Senator Regala, Senators Brown and Hargrove were excused.
APPOINTMENT OF MICHAEL G. HEUER
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9076, Michael G. Heuer as a member of the Board of Trustees, Lower Columbia Community College District No. 13.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9076, Michael G. Heuer as a member of the Board of Trustees, Lower Columbia Community College District No. 13 and the appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 43
Excused: Senators Brown, Deccio, Finkbeiner, Hargrove, Parlette and Pflug - 6
Gubernatorial Appointment No. 9076, Michael G. Heuer, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Lower Columbia Community College District No. 13.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
Senator McAuliffe, moved that Gubernatorial Appointment No. 9188, Dennis W. Sterner, as a member of the Professional Educator Standards Board, be confirmed.
Senators McAuliffe and Benson spoke in favor of the motion.
APPOINTMENT OF DENNIS W. STERNER
The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9188, Dennis W. Sterner as a member of the Professional Educator Standards Board.
The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9188, Dennis W. Sterner as a member of the Professional Educator Standards Board and the appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Absent: Senator Jacobsen - 1
Excused: Senators Brown, Deccio, Finkbeiner and Pflug – 4
Gubernatorial Appointment No. 9188, Dennis W. Sterner, having received the constitutional majority was declared confirmed as a member of the Professional Educator Standards Board.
SECOND READING
CONFIRMATION OF GUBERNATORIAL REAPPOINTMENTS
MOTION
Senator Hargrove, moved that Gubernatorial Reappointment No. 9045, Dennis A. Duncan, as a member of the Board of Trustees, Peninsula Community College District No. 1, be confirmed.
Senator Hargrove spoke in favor of the motion.
REAPPOINTMENT OF DENNIS A. DUNCAN
The President declared the question before the Senate to be the confirmation of Gubernatorial Reappointment No. 9045, Dennis A. Duncan as a member of the Board of Trustees, Peninsula Community College District No. 1.
The Secretary called the roll on the confirmation of Gubernatorial Reappointment No. 9045, Dennis A. Duncan as a member of the Board of Trustees, Peninsula Community College District No. 1 and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Deccio and Pflug - 2
Gubernatorial Reappointment No. 9045, Dennis A. Duncan,having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Peninsula Community College District No. 1.
MOTION
On motion of Senator Eide, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 5644, by Senators Kline, Roach, Benton, Esser, Prentice, Shin, McAuliffe, Haugen, Fairley, Hargrove and Rasmussen
Extending the stay on driver's license suspensions pending entry of a deferred prosecution.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5644 was substituted for Senate Bill No. 5644 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5644 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Johnson 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. 5644.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5644 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5644, 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. 5602, by Senators Rasmussen and Schoesler
Managing livestock nutrients.
MOTIONS
On motion of Senator Rasmussen, Substitute Senate Bill No. 5602 was substituted for Senate Bill No. 5602 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5602 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Rasmussen and Schoesler 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 Substitute Senate Bill No. 5602.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5602 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Finkbeiner, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 42
Voting nay: Senators Fairley, Franklin, Fraser, Kohl-Welles, Regala and Thibaudeau - 6
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5602, 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. 5222, by Senators Esser and Doumit
Changing provisions relating to the insanity defense.
The measure was read the second time.
MOTION
Senator Kline moved that the following committee amendment by the Committee on Judiciary be adopted.
On page 2, beginning on line 30, strike all of section 4
Senator Kline spoke in favor of adoption of the committee amendment.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, beginning on line 1 of the title, after “10.77.020;” strike the remainder of the title and insert “and creating a new section.”
The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on Judiciary to Senate Bill No. 5222.
The motion by Senator Kline carried and the committee amendment was adopted by voice vote.
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5222 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and 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. 5222.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5222 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Voting nay: Senator Kohl-Welles - 1
Excused: Senator Deccio - 1
ENGROSSED SENATE BILL NO. 5222, 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. 6064, by Senators Benton and Fairley
Limiting the powers of homeowners' associations.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 6064 was substituted for Senate Bill No. 6064 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 6064 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Benton and Fairley 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. 6064.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6064 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 43
Voting nay: Senators Brandland, Finkbeiner, Poulsen, Pridemore and Weinstein - 5
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 6064, 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. 5589, by Senators Haugen and Spanel
Providing for proceedings for excluding agricultural land from the boundaries of a charter or noncharter code city.
The measure was read the second time.
MOTION
On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5589 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Haugen and Mulliken 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. 5589.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5589 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SENATE BILL NO. 5589, 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 Swecker was excused.
SECOND READING
SENATE BILL NO. 5898, by Senators Regala, Brandland, Pridemore, Hargrove, Thibaudeau, Oke, Kohl-Welles and Rasmussen
Ordering a public information campaign on postpartum depression.
The measure was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Senate Bill No. 5898 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Regala, Parlette and Prentice spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senator Haugen was excused.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5898.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5898 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 46
Excused: Senators Deccio, Haugen and Swecker - 3
SENATE BILL NO. 5898, 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. 6033, by Senator Doumit
Creating a Washington coastal Dungeness crab pot buoy tag program.
The measure was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 6033 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen and Oke 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. 6033.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6033 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau and Weinstein - 38
Voting nay: Senators Benson, Benton, Honeyford, Johnson, McCaslin, Mulliken, Roach and Zarelli - 8
Excused: Senators Deccio, Haugen and Swecker - 3
SENATE BILL NO. 6033, 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. 5999, by Senators Prentice and Brown
Exempting service contracts to administer parking and business improvement areas from excise taxation.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5999 was substituted for Senate Bill No. 5999 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5999 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Prentice and Zarelli 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. 5999.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5999 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 45
Absent: Senator Benton - 1
Excused: Senators Deccio, Haugen and Swecker - 3
SUBSTITUTE SENATE BILL NO. 5999, 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 Benton was excused.
SECOND READING
SENATE BILL NO. 5713, by Senators Regala, Franklin and Kohl-Welles
Assisting tenants in multiple-unit housing proposed for rehabilitation.
The measure was read the second time.
MOTION
On motion of Senator Regala, the rules were suspended, Senate Bill No. 5713 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Regala and Benson 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. 5713.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5713 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SENATE BILL NO. 5713, 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. 6037, by Senators Sheldon and Rockefeller
Changing provisions relating to limited development of rural areas.
MOTIONS
On motion of Senator Sheldon, Substitute Senate Bill No. 6037 was substituted for Senate Bill No. 6037 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 6037 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Sheldon, Rockefeller and Roach 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. 6037.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6037 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 45
Voting nay: Senators Poulsen, Pridemore and Weinstein - 3
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 6037, 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 Schoesler was excused.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5034 which was deferred on the previous day.
SECOND READING
SUBSTITUTE SENATE BILL NO. 5034, by Senator Kastama
Campaign funding.
The measure was read the second time.
POINT OF ORDER
Senator Kastama: “The striker that I had before you was the one that was ruled out of scope and object I believe. That one has been removed and just so that my members know here this is a new striker.”
REPLY BY THE PRESIDENT
President Owen: “That is correct.”
MOTION
Senator Kastama moved that the following striking amendment by Senator Kastama be adopted:
Strike everything after the enacting clause and insert the following:
"PART I - FINDINGS AND INTENT
NEW SECTION. Sec. 1. The legislature finds that:
(1) Timely disclosure to voters of the identity and sources of funding for electioneering communications is vitally important to the integrity of state, local, and judicial elections.
(2) Electioneering communications that identify political candidates for state, local, or judicial office and that are distributed sixty days before an election for those offices are intended to influence voters and the outcome of those elections.
(3) The state has a compelling interest in providing voters information about electioneering communications in political campaigns concerning candidates for state, local, or judicial office so that voters can be fully informed as to the: (a) Source of support or opposition to those candidates; and (b) identity of persons attempting to influence the outcome of state, local, and judicial candidate elections.
(4) Nondisclosure of financial information about advertising that masquerades as relating only to issues and not to candidate campaigns fosters corruption or the appearance of corruption. These consequences can be substantially avoided by full disclosure of the identity and funding of those persons paying for such advertising.
(5) The United States supreme court held in McConnell et al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003) that speakers seeking to influence elections do not possess an inviolable free speech right to engage in electioneering communications regarding elections, including when issue advocacy is the functional equivalent of express advocacy. Therefore, such election campaign communications can be regulated and the source of funding disclosed.
(6) The state also has a sufficiently compelling interest in preventing corruption in political campaigns to justify and restore contribution limits and restrictions on the use of soft money in RCW 42.17.640. Those interests include restoring restrictions on the use of such funds for electioneering communications, as well as the laws preventing circumvention of those limits and restrictions.
NEW SECTION. Sec. 2. Based upon the findings in section 1 of this act, this act is narrowly tailored to accomplish the following and is intended to:
(1) Improve the disclosure to voters of information concerning persons and entities seeking to influence state, local, and judicial campaigns through reasonable and effective mechanisms, including improving disclosure of the source, identity, and funding of electioneering communications concerning state, local, and judicial candidate campaigns;
(2) Regulate electioneering communications that mention state, local, and judicial candidates and that are broadcast, mailed, erected, distributed, or otherwise published right before the election so that the public knows who is paying for such communications;
(3) Reenact and amend the contribution limits in RCW 42.17.640 (6) and (14) and the restrictions on the use of soft money, including as applied to electioneering communications, as those limits and restrictions were in effect following the passage of chapter 2, Laws of 1993 (Initiative No. 134) and before the state supreme court decision in Washington State Republican Party v. Washington State Public Disclosure Commission, 141 Wn.2d 245, 4 P.3d 808 (2000). The commission is authorized to fully restore the implementation of the limits and restrictions of RCW 42.17.640 (6) and (14) in light of McConnell et al. v. Federal Elections Commission, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003). The United States supreme court upheld the disclosure and regulation of electioneering communications in political campaigns, including but not limited to issue advocacy that is the functional equivalent of express advocacy;
(4) Authorize the commission to adopt rules to implement this act.
PART II - ELECTIONEERING COMMUNICATIONS
NEW SECTION. Sec. 3. (1) A payment for or promise to pay for any electioneering communication shall be reported to the commission by the sponsor on forms the commission shall develop by rule to include, at a minimum, the following information:
(a) Name and address of the sponsor;
(b) Source of funds for the communication, including:
(i) General treasury funds. The name and address of businesses, unions, groups, associations, or other organizations using general treasury funds for the communication, however, if a business, union, group, association, or other organization undertakes a special solicitation of its members or other persons for an electioneering communication, or it otherwise receives funds for an electioneering communication, that entity shall report pursuant to (b)(ii) of this subsection;
(ii) Special solicitations and other funds. The name, address, and, for individuals, occupation and employer, of a person whose funds were used to pay for the electioneering communication, along with the amount, if such funds from the person have exceeded two hundred fifty dollars in the aggregate for the electioneering communication; and
(iii) Any other source information required or exempted by the commission by rule;
(c) Name and address of the person to whom an electioneering communication related expenditure was made;
(d) A detailed description of each expenditure of more than one hundred dollars;
(e) The date the expenditure was made and the date the electioneering communication was first broadcast, transmitted, mailed, erected, distributed, or otherwise published;
(f) The amount of the expenditure;
(g) The name of each candidate clearly identified in the electioneering communication, the office being sought by each candidate, and the amount of the expenditure attributable to each candidate; and
(h) Any other information the commission may require or exempt by rule.
(2) Electioneering communications shall be reported as follows: The sponsor of an electioneering communication shall report to the commission within twenty-four hours of, or on the first working day after, the date the electioneering communication is broadcast, transmitted, mailed, erected, distributed, or otherwise published.
(3) Electioneering communications shall be reported electronically by the sponsor using software provided or approved by the commission. The commission may make exceptions on a case-by-case basis for a sponsor who lacks the technological ability to file reports using the electronic means provided or approved by the commission.
(4) All persons required to report under RCW 42.17.065, 42.17.080, 42.17.090, and 42.17.100 are subject to the requirements of this section, although the commission may determine by rule that persons filing according to those sections may be exempt from reporting some of the information otherwise required by this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100 and 42.17.103.
(5) Failure of any sponsor to report electronically under this section shall be a violation of this chapter.
NEW SECTION. Sec. 4. (1) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents is a contribution to the candidate.
(2) An electioneering communication made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a political committee or its agents is a contribution to the political committee.
(3) If an electioneering communication is not a contribution pursuant to subsection (1) or (2) of this section, the sponsor shall file an affidavit or declaration so stating at the time the sponsor is required to report the electioneering communication expense under section 3 of this act.
NEW SECTION. Sec. 5. (1) The sponsor of an electioneering communication shall preserve all financial records relating to the communication, including books of account, bills, receipts, contributor information, and ledgers, for not less than five calendar years following the year in which the communication was broadcast, transmitted, mailed, erected, or otherwise published.
(2) All reports filed under section 3 of this act shall be certified as correct by the sponsor. If the sponsor is an individual using his or her own funds to pay for the communication, the certification shall be signed by the individual. If the sponsor is a political committee, the certification shall be signed by the committee treasurer. If the sponsor is another entity, the certification shall be signed by the individual responsible for authorizing the expenditure on the entity's behalf.
PART III - AMENDMENTS TO AND REENACTMENT OF CURRENT LAWS
Sec. 6. RCW 42.17.020 and 2002 c 75 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(((2))) (3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
(((3))) (4) "Ballot proposition" means any "measure" as defined by RCW ((29.01.110)) 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.
(((4))) (5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(((5))) (6) "Bona fide political party" means:
(a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter ((29.24)) 29A.20 RCW;
(b) The governing body of the state organization of a major political party, as defined in RCW ((29.01.090)) 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
(((6))) (7) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.
(((7))) (8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.
(((8))) (9) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
(((9))) (10) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
(((10))) (11) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(((11))) (12) "Commission" means the agency established under RCW 42.17.350.
(((12))) (13) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind: PROVIDED, That for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(((13))) (14) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(((14))) (15)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.
(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
(((15))) (16) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(((16))) (17) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters: PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(((17))) (18) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
(((18))) (19) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.
(((19))) (20) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
(a) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name;
(b) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and
(c) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value of five thousand dollars or more.
(21) "Electioneering communication" does not include:
(a) Usual and customary advertising of a business owned by a candidate, even if the candidate is mentioned in the advertising when the candidate has been regularly mentioned in that advertising appearing at least twelve months preceding his or her becoming a candidate;
(b) Advertising for candidate debates or forums when the advertising is paid for by or on behalf of the debate or forum sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
(c) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is:
(i) Of primary interest to the general public;
(ii) In a news medium controlled by a person whose business is that news medium; and
(iii) Not a medium controlled by a candidate or a political committee;
(d) Slate cards and sample ballots;
(e) Advertising for books, films, dissertations, or similar works (i) written by a candidate when the candidate entered into a contract for such publications or media at least twelve months before becoming a candidate, or (ii) written about a candidate;
(f) Public service announcements;
(g) A mailed internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(h) An expenditure by or contribution to the authorized committee of a candidate for state, local, or judicial office; or
(i) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
(22) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign. For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made. The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.
(((20))) (23) "Final report" means the report described as a final report in RCW 42.17.080(2).
(((21))) (24) "General election" for the purposes of RCW 42.17.640 means the election that results in the election of a person to a state office. It does not include a primary.
(((22))) (25) "Gift," is as defined in RCW 42.52.010.
(((23))) (26) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household. For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.
(((24))) (27) "Incumbent" means a person who is in present possession of an elected office.
(28) "Independent expenditure" means an expenditure that has each of the following elements:
(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more. A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.
(((25))) (29)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
(((26))) (30) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.
(((27))) (31) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.
(((28))) (32) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.
(((29))) (33) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.
(((30))) (34) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.
(((31))) (35) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.
(((32))) (36) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support or opposition in any election campaign.
(((33))) (37) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.
(((34))) (38) "Primary" for the purposes of RCW 42.17.640 means the procedure for nominating a candidate to state office under chapter ((29.18 or 29.21)) 29A.52 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter ((29.18 or 29.21)) 29A.52 RCW.
(((35))) (39) "Public office" means any federal, state, judicial, county, city, town, school district, port district, special district, or other state political subdivision elective office.
(((36))) (40) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.
(((37))) (41) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW ((29.82.015)) 29A.56.120 and ending thirty days after the recall election.
(((38))) (42) "Sponsor of an electioneering communications, independent expenditures, or political advertising" means the person paying for the electioneering communication, independent expenditure, or political advertising. If a person acts as an agent for another or is reimbursed by another for the payment, the original source of the payment is the sponsor.
(43) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.
(((39))) (44) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.
(((40))) (45) "State official" means a person who holds a state office.
(((41))) (46) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election. In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.
(((42))) (47) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.
Sec. 7. RCW 42.17.103 and 2001 c 54 s 1 are each amended to read as follows:
(1) The sponsor of political advertising who, within twenty-one days of an election, publishes, mails, or otherwise presents to the public political advertising supporting or opposing a candidate or ballot proposition that qualifies as an independent expenditure with a fair market value of one thousand dollars or more shall deliver, either electronically or in written form, a special report to the commission within twenty-four hours of, or on the first working day after, the date the political advertising is first published, mailed, or otherwise presented to the public.
(2) If a sponsor is required to file a special report under this section, the sponsor shall also deliver to the commission within the delivery period established in subsection (1) of this section a special report for each subsequent independent expenditure of any size supporting or opposing the same candidate who was the subject of the previous independent expenditure, supporting or opposing that candidate's opponent, or supporting or opposing the same ballot proposition that was the subject of the previous independent expenditure.
(3) The special report must include at least:
(a) The name and address of the person making the expenditure;
(b) The name and address of the person to whom the expenditure was made;
(c) A detailed description of the expenditure;
(d) The date the expenditure was made and the date the political advertising was first published or otherwise presented to the public;
(e) The amount of the expenditure;
(f) The name of the candidate supported or opposed by the expenditure, the office being sought by the candidate, and whether the expenditure supports or opposes the candidate; or the name of the ballot proposition supported or opposed by the expenditure and whether the expenditure supports or opposes the ballot proposition; and
(g) Any other information the commission may require by rule.
(4) All persons required to report under RCW 42.17.065, 42.17.080, 42.17.090, ((and)) 42.17.100, and section 3 of this act are subject to the requirements of this section. The commission may determine that reports filed pursuant to this section also satisfy the requirements of RCW 42.17.100.
(5) The sponsor of independent expenditures supporting a candidate or opposing that candidate's opponent required to report under this section shall file with each required report an affidavit or declaration of the person responsible for making the independent expenditure that the expenditure was not made in cooperation, consultation, or concert with, or at the request or suggestion of, the candidate, the candidate's authorized committee, or the candidate's agent, or with the encouragement or approval of the candidate, the candidate's authorized committee, or the candidate's agent.
Sec. 8. RCW 42.17.110 and 1975-'76 2nd ex.s. c 112 s 5 are each amended to read as follows:
(1) Each commercial advertiser who has accepted or provided political advertising or electioneering communications during the election campaign shall maintain open for public inspection during the campaign and for a period of no less than three years after the date of the applicable election, during normal business hours, documents and books of account which shall specify:
(a) The names and addresses of persons from whom it accepted political advertising or electioneering communications;
(b) The exact nature and extent of the ((advertising)) services rendered; and
(c) The consideration and the manner of paying that consideration for such services.
(2) Each commercial advertiser which must comply with subsection (1) of this section shall deliver to the commission, upon its request, copies of such information as must be maintained open for public inspection pursuant to subsection (1) of this section.
Sec. 9. RCW 42.17.510 and 1995 c 397 s 19 are each amended to read as follows:
(1) All written political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name and address. All radio and television political advertising, whether relating to candidates or ballot propositions, shall include the sponsor's name. The use of an assumed name for the sponsor of electioneering communications, independent expenditures, or political advertising shall be unlawful. ((The party with which a candidate files)) For partisan office, if a candidate has expressed a party or independent preference on the declaration of candidacy, that party or independent designation shall be clearly identified in electioneering communications, independent expenditures, or political advertising ((for partisan office)).
(2) In addition to the materials required by subsection (1) of this section, except as specifically addressed in subsections (4) and (5) of this section, all political advertising undertaken as an independent expenditure by a person or entity other than a party organization, and all electioneering communications, must include the following statement ((on)) as part of the communication "NOTICE TO VOTERS (Required by law): This advertisement is not authorized or approved by any candidate. It is paid for by (name, address, city, state)." If the advertisement undertaken as an independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors," followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement or communication.
(3) The statements and listings of contributors required by subsections (1) and (2) of this section shall:
(a) Appear on the first page or fold of the written advertisement or communication in at least ten-point type, or in type at least ten percent of the largest size type used in a written advertisement or communication directed at more than one voter, such as a billboard or poster, whichever is larger;
(b) Not be subject to the half-tone or screening process; and
(c) Be set apart from any other printed matter((; and
(d) Be clearly spoken on any broadcast advertisement)).
(4) In an independent expenditure or electioneering communication transmitted via television or other medium that includes a visual image, the following statement must either be clearly spoken, or appear in print and be visible for at least four seconds, appear in letters greater than four percent of the visual screen height, and have a reasonable color contrast with the background: "No candidate authorized this ad. Paid for by (name, city, state)." If the advertisement or communication is undertaken by a nonindividual other than a party organization, then the following notation must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
(5) The following statement shall be clearly spoken in an independent expenditure or electioneering communication transmitted by a method that does not include a visual image: "No candidate authorized this ad. Paid for by (name, city, state)." If the independent expenditure or electioneering communication is undertaken by a nonindividual other than a party organization, then the following statement must also be included: "Top Five Contributors" followed by a listing of the names of the five persons or entities making the largest contributions in excess of seven hundred dollars reportable under this chapter during the twelve-month period before the date of the advertisement. Abbreviations may be used to describe contributing entities if the full name of the entity has been clearly spoken previously during the broadcast advertisement.
(6) Political yard signs are exempt from the requirement of subsections (1) and (2) of this section that the name and address of the sponsor of political advertising be listed on the advertising. In addition, the public disclosure commission shall, by rule, exempt from the identification requirements of subsections (1) and (2) of this section forms of political advertising such as campaign buttons, balloons, pens, pencils, sky-writing, inscriptions, and other forms of advertising where identification is impractical.
(((5))) (7) For the purposes of this section, "yard sign" means any outdoor sign with dimensions no greater than eight feet by four feet.
Sec. 10. RCW 42.17.530 and 1999 c 304 s 2 are each amended to read as follows:
(1) It is a violation of this chapter for a person to sponsor with actual malice:
(a) Political advertising or an electioneering communication that contains a false statement of material fact about a candidate for public office. However, this subsection (1)(a) does not apply to statements made by a candidate or the candidate's agent about the candidate himself or herself;
(b) Political advertising or an electioneering communication that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent;
(c) Political advertising or an electioneering communication that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement.
(2) Any violation of this section shall be proven by clear and convincing evidence.
Sec. 11. RCW 42.17.640 and 2001 c 208 s 1 are each reenacted and amended to read as follows:
(1) No person, other than a bona fide political party or a caucus political committee, may make contributions to a candidate for a state legislative office that in the aggregate exceed ((five)) seven hundred dollars or to a candidate for a state office other than a state legislative office that in the aggregate exceed one thousand four hundred dollars for each election in which the candidate is on the ballot or appears as a write-in candidate. Contributions made with respect to a primary may not be made after the date of the primary. However, contributions to a candidate or a candidate's authorized committee may be made with respect to a primary until thirty days after the primary, subject to the following limitations: (a) The candidate lost the primary; (b) the candidate's authorized committee has insufficient funds to pay debts outstanding as of the date of the primary; and (c) the contributions may only be raised and spent to satisfy the outstanding debt. Contributions made with respect to a general election may not be made after the final day of the applicable election cycle.
(2) No person, other than a bona fide political party or a caucus political committee, may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the state official, during a recall campaign that in the aggregate exceed ((five)) seven hundred dollars if for a state legislative office or one thousand four hundred dollars if for a state office other than a state legislative office.
(3)(a) Notwithstanding subsection (1) of this section, no bona fide political party or caucus political committee may make contributions to a candidate during an election cycle that in the aggregate exceed (i) ((fifty)) seventy cents multiplied by the number of eligible registered voters in the jurisdiction from which the candidate is elected if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No candidate may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-five cents times the number of registered voters in the jurisdiction from which the candidate is elected.
(4)(a) Notwithstanding subsection (2) of this section, no bona fide political party or caucus political committee may make contributions to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the state official, during a recall campaign that in the aggregate exceed (i) ((fifty)) seventy cents multiplied by the number of eligible registered voters in the jurisdiction entitled to recall the state official if the contributor is a caucus political committee or the governing body of a state organization, or (ii) ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected if the contributor is a county central committee or a legislative district committee.
(b) No state official against whom recall charges have been filed, no authorized committee of the official, and no political committee having the expectation of making expenditures in support of the recall of a state official may accept contributions from a county central committee or a legislative district committee during an election cycle that when combined with contributions from other county central committees or legislative district committees would in the aggregate exceed ((twenty-five)) thirty-five cents multiplied by the number of registered voters in the jurisdiction from which the candidate is elected.
(5) For purposes of determining contribution limits under subsections (3) and (4) of this section, the number of eligible registered voters in a jurisdiction is the number at the time of the most recent general election in the jurisdiction.
(6) Notwithstanding subsections (1) through (4) of this section, no person other than an individual, bona fide political party, or caucus political committee may make contributions reportable under this chapter to a caucus political committee that in the aggregate exceed ((five)) seven hundred dollars in a calendar year or to a bona fide political party that in the aggregate exceed ((two)) three thousand five hundred dollars in a calendar year. This subsection does not apply to loans made in the ordinary course of business.
(7) For the purposes of RCW 42.17.640 through 42.17.790, a contribution to the authorized political committee of a candidate, or of a state official against whom recall charges have been filed, is considered to be a contribution to the candidate or state official.
(8) A contribution received within the twelve-month period after a recall election concerning a state office is considered to be a contribution during that recall campaign if the contribution is used to pay a debt or obligation incurred to influence the outcome of that recall campaign.
(9) The contributions allowed by subsection (2) of this section are in addition to those allowed by subsection (1) of this section, and the contributions allowed by subsection (4) of this section are in addition to those allowed by subsection (3) of this section.
(10) RCW 42.17.640 through 42.17.790 apply to a special election conducted to fill a vacancy in a state office. However, the contributions made to a candidate or received by a candidate for a primary or special election conducted to fill such a vacancy shall not be counted toward any of the limitations that apply to the candidate or to contributions made to the candidate for any other primary or election.
(11) Notwithstanding the other subsections of this section, no corporation or business entity not doing business in Washington state, no labor union with fewer than ten members who reside in Washington state, and no political committee that has not received contributions of ten dollars or more from at least ten persons registered to vote in Washington state during the preceding one hundred eighty days may make contributions reportable under this chapter to a candidate, to a state official against whom recall charges have been filed, or to a political committee having the expectation of making expenditures in support of the recall of the official. This subsection does not apply to loans made in the ordinary course of business.
(12) Notwithstanding the other subsections of this section, no county central committee or legislative district committee may make contributions reportable under this chapter to a candidate, state official against whom recall charges have been filed, or political committee having the expectation of making expenditures in support of the recall of a state official if the county central committee or legislative district committee is outside of the jurisdiction entitled to elect the candidate or recall the state official.
(13) No person may accept contributions that exceed the contribution limitations provided in this section.
(14) The following contributions are exempt from the contribution limits of this section:
(a) An expenditure or contribution earmarked for voter registration, for absentee ballot information, for precinct caucuses, for get-out-the-vote campaigns, for precinct judges or inspectors, for sample ballots, or for ballot counting, all without promotion of or political advertising for individual candidates; or
(b) An expenditure by a political committee for its own internal organization or fund raising without direct association with individual candidates.
PART IV - TECHNICAL PROVISIONS
NEW SECTION. Sec. 12. RCW 42.17.505 (Definitions) and 1988 c 199 s 1 are each repealed.
NEW SECTION. Sec. 13. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 14. (1) Sections 1 through 5 of this act are each added to chapter 42.17 RCW to be codified with the subchapter heading of "Reporting of Electioneering Communications."
(2) The code reviser must change the subchapter heading "Political Advertising" to "Political Advertising and Electioneering Communications" in chapter 42.17 RCW.
NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 16. This act takes effect January 1, 2006."
Senators Kastama and Roach 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 Senator Kastama to Substitute Senate Bill No. 5034.
The motion by Senator Kastama carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "funding;" strike the remainder of the title and insert "amending RCW 42.17.020, 42.17.103, 42.17.110, 42.17.510, and 42.17.530; reenacting and amending RCW 42.17.640; adding new sections to chapter 42.17 RCW; creating a new section; repealing RCW 42.17.505; and providing an effective date."
MOTION
On motion of Senator Kastama, the rules were suspended, Engrossed Substitute Senate Bill No. 5034 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 declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5034.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5034 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5034, 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. 5136, by Senators Doumit, Mulliken, Zarelli and Rasmussen
Modifying fire protection district property tax levies.
The measure was read the second time.
MOTION
On motion of Senator Doumit, the rules were suspended, Senate Bill No. 5136 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Doumit, Hewitt and Zarelli 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. 5136.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5136 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Absent: Senator Prentice - 1
Excused: Senator Deccio - 1
SENATE BILL NO. 5136, 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. 5145, by Senators Jacobsen, Swecker, Oke, Fraser, Johnson, Spanel, Rockefeller, Kohl-Welles, Delvin, Keiser, Haugen, Kastama, Kline, Hargrove, Regala, Franklin, Thibaudeau, Rasmussen and Shin
Creating a boater safety education program. Revised for 1st Substitute: Establishing a boating safety education program.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5145 was substituted for Senate Bill No. 5145 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5145 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen, Swecker, Rockefeller, Haugen and Spanel spoke in favor of passage of the bill.
Senators Benson, Zarelli, Benton, Hewitt and Schoesler spoke against passage of the bill.
MOTION
Senator Jacobsen demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be “Shall the main question be now put?”
MOTION
A division was demanded.The motion by Senator Jacobsen that the previous question be put carried by a rising vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5145.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5145 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 18; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 30
Voting nay: Senators Benson, Benton, Brandland, Carrell, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, Morton, Mulliken, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli - 18
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5145, 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, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.
EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and allows for a lunch and dinner break of 90 minutes each per day during regular daily sessions.
SECOND READING
SENATE BILL NO. 5041, by Senators McCaslin and Kline
Revising deadly weapon and firearm sentence range enhancements.
MOTIONS
On motion of Senator McCaslin, Second Substitute Senate Bill No. 5041 was substituted for Senate Bill No. 5041 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator McCaslin, the rules were suspended, Second Substitute Senate Bill No. 5041 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 declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5041.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5041 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SECOND SUBSTITUTE SENATE BILL NO. 5041, 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. 5838, by Senators Kastama, Benson, Poulsen, Brandland, Deccio, Keiser, Thibaudeau, Franklin and Rasmussen
Limiting the substitution of preferred drugs in hepatitis C treatment.
MOTIONS
On motion of Senator Kastama, Substitute Senate Bill No. 5838 was substituted for Senate Bill No. 5838 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Kastama, the rules were suspended, Substitute Senate Bill No. 5838 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kastama, Keiser, Thibaudeau and Pflug spoke in favor of passage of the bill.
Senator Parlette spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5838.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5838 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Delvin, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Voting nay: Senators Brandland, Esser, Hewitt, Honeyford, Johnson, McCaslin, Mulliken and Parlette - 8
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5838, 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. 5714, by Senators Keiser, Deccio, Kastama, Parlette, Thibaudeau, McAuliffe, Brown, Rasmussen, Rockefeller and Kohl-Welles
Breast and cervical cancer.
The measure was read the second time.
MOTION
Senator Parlette moved that the following amendment by Senator Parlette be adopted.
On page 2, line 4, after "available" insert ", and only so long as the current federal funding level continues."
Renumber the sections consecutively and correct any internal references accordingly.
Senator Parlette spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Parlette on page 2, line 4 to Senate Bill No. 5714.
The motion by Senator Parlette carried and the amendment was adopted by voice vote.
MOTION
Senator Keiser moved that the following amendment by Senator Keiser be adopted.
On page 2, line 36, after "guidance." through "services." on page 3, line 4 and insert "The medical advisory committee shall study and recommend strategies for adopting emerging technologies and best practices from the national, state, and local levels in the field of early prevention and detection for breast and cervical cancer and assist the early detection breast and cervical cancer screening program in implementing policy that follows the best practices of high quality health care for clinical, diagnostic, preventative, pathologic, radiological, and oncology services. The committee will report its recommendations to the Legislature no later than December 15, 2006."
Renumber the sections consecutively and correct any internal references accordingly.
Senator Keiser spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Keiser on page 2, line 36 to Senate Bill No. 5714.
The motion by Senator Keiser carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Keiser, the rules were suspended, Engrossed Senate Bill No. 5714 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Keiser and Benson 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. 5714.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5714 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
ENGROSSED SENATE BILL NO. 5714, 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. 5907, by Senators Haugen, Kastama, McCaslin and Rasmussen
Affirming that cities and counties planning under chapter 36.70A RCW retain the ability to accommodate state projected population growth within urban growth areas without requiring a minimum residential density.
MOTION
On motion of Senator Haugen, Substitute Senate Bill No. 5907 was substituted for Senate Bill No. 5907 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Mulliken moved that the following amendment by Senator Mulliken be adopted.
On page 2, line 27, after "growth" strike "and the" and insert ". In counties meeting the definition of "rural county" under RCW 82.14.370(5) cities and counties have discretion to make choices about"
On page 2, line 32, after "area" insert "within a county meeting the definition of "rural county" under RCW 82.14.370(5)"
Senators Mulliken and Pflug spoke in favor of adoption of the amendment.
Senators Haugen, Kline and Pridemore spoke against adoption of the amendment.
POINT OF INQUIRY
Senator Spanel: “Would the Senator from the 13th regional yield to a question? I want to know which counties your amendment affects?”
Senator Mulliken: “Ok, what this amendment does is it applies, we have thirty-nine counties, thirty-four of the counties are qualify under the rural definition in this state. The build able lands counties, the more urban populated are, and I can name off those six better than I can the other thirty-four, so it would exempt King, Snohmonish, Pierce, Thurston, Kitsap and Clark counties from the bill.”
Senator Spanel: “From your amendment?”
Senator Mulliken: “That’s what its suppose to do. No, it’s suppose to apply only to the thirty-four rural counties who would like to the flexibility for, to have the flexibility on the density and in filling requirements of the current GMA has. We’d like a little more flexibility. Six build able land counties, they like that density requirement to offer, as the previous speaker mentioned, more affordable housing, more dense population to preserve the open spaces of the urban counties.”
Senators Spanel, Fairley, Stevens and Rockefeller spoke against adoption of the amendment.
MOTION
Senator Jacobsen demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
MOTION
A division was demanded.
The motion by Senator Jacobsen that the previous question be put carried by a rising vote.
The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 2, line 27 to Substitute Senate Bill No. 5907.
MOTION
A division was demanded.
The motion by Senator Mulliken carried and the amendment was adopted by a rising vote. The President voting ‘Aye.’
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5907 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Haugen, Roach, Fraser and Mulliken spoke in favor of passage of the bill.
Senators McCaslin, Kline spoke against passage of the bill.
PARLIAMENTARY INQUIRY
Senator Honeyford: “Last week you played The Ventures while we had a resolution on the floor and I’d like to get your turntable out and a platter, little boxes, little ticky tacky boxes and play that for us?”
PARLIAMENTARY INQUIRY
Senator McCaslin: “May I move my chair over there until final passage.”
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5907.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5907 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 1; Excused, 1.
Voting yea: Senators Berkey, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Roach, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 30
Voting nay: Senators Benson, Benton, Brandland, Carrell, Finkbeiner, Honeyford, Keiser, Kline, Poulsen, Pridemore, Regala, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 17
Absent: Senator Brown - 1
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5907, 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. 5733, by Senators Kline, McCaslin, Rockefeller, Esser, Thibaudeau, Weinstein, Rasmussen and Eide
Concerning mandatory arbitration.
The measure was read the second time.
MOTION
On motion of Senator Kline, the rules were suspended, Senate Bill No. 5733 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Esser 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. 5733.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5733 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Berkey, Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 32
Voting nay: Senators Benson, Brandland, Carrell, Delvin, Finkbeiner, Hewitt, Honeyford, Morton, Mulliken, Parlette, Pflug, Schmidt, Schoesler, Sheldon, Stevens and Zarelli - 16
Excused: Senator Deccio - 1
SENATE BILL NO. 5733, 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. 5620, by Senators Kline, Mulliken, Pridemore, Kastama, Poulsen, Rockefeller, Fairley and Kohl-Welles
Providing for priority consideration of voluntary buffers in open space plans and public benefit rating systems. Revised for 1st Substitute: Providing for priority consideration for lands used as buffers in planning.
MOTION
On motion of Senator Kline, Substitute Senate Bill No. 5620 was substituted for Senate Bill No. 5620 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Haugen moved that the following amendment by Senators Haugen and Pflug be adopted.
On page 2, line 12, after "(d)" insert "Classified open space land within the boundaries of airport property shall receive priority consideration under this section and shall not be removed or declassified without receipt of written notice from the owner to remove all or a portion of the classification pursuant to RCW 84.34.108.
(e)"
Senators Haugen and Pflug 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 Haugen and Pflug on page 2, line 12 to Substitute Senate Bill No. 5620.
The motion by Senator Haugen carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Regala, Senator Thibaudeau was excused.
MOTION
On motion of Senator Kline, the rules were suspended, Engrossed Substitute Senate Bill No. 5620 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Kline spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senator Johnson was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5620.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5620 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senators Hargrove, Honeyford and Morton - 3
Excused: Senators Deccio and Johnson - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 5620, 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. 5278, by Senators Jacobsen, Kline and Fraser
Establishing the ocean policy review commission.
MOTION
On motion of Senator Jacobsen, Substitute Senate Bill No. 5278 was substituted for Senate Bill No. 5278 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Hargrove moved that the following amendment by Senator Hargrove be adopted.
On page 3, line 14, after “act.” insert “Appointees to the working group should possess a significant interest in, or knowledge of, coastal and ocean resources issues.”
WITHDRAWAL OF AMENDMENT
On motion of Senator Hargrove the amendment to Substitute Senate Bill No. 5278 was withdrawn.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5278 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen and Oke spoke in favor of passage of the bill.
MOTION
On motion of Senator Doumit, Senator Regala was excused.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5278.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5278 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 35
Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Hewitt, Honeyford, Mulliken, Roach, Schmidt, Schoesler, Stevens and Zarelli - 13
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5278, 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 JOINT RESOLUTION NO. 8202, by Senators Eide, Keiser, Doumit, Poulsen, Weinstein, Fairley, Schmidt, Jacobsen, Kastama, Regala, Fraser, Berkey, Kline, Brown, Spanel, Kohl-Welles, Shin, Rasmussen and Pridemore
Amending the Constitution to provide for a simple majority of voters voting to authorize school district levies.
MOTION
On motion of Senator Eide, Substitute Senate Joint Resolution No. 8202 was substituted for Senate Joint Resolution No. 8202 and the substitute bill was placed on the second reading and read the second time.
POINT OF ORDER
Senator Johnson: “I believe there’s an amendment on the desk of the members and that should be considered on second reading.”
MOTION
Senator Oke moved that the following amendment by Senator Oke be adopted.
On page 1, line 6, after "2" strike "and Article VIII, section 6"
Strike everything after "follows:" on page 1, line 7, and insert the following:
"Article VII, section 2. Except as hereinafter provided and notwithstanding any other provision of this Constitution, the aggregate of all tax levies upon real and personal property by the state and all taxing districts now existing or hereafter created, shall not in any year exceed one percent of the true and fair value of such property in money: Provided, however, That nothing herein shall prevent levies at the rates now provided by law by or for any port or public utility district. The term "taxing district" for the purposes of this section shall mean any political subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for it, ad valorem taxes on property, other than a port or public utility district. Such aggregate limitation or any specific limitation imposed by law in conformity therewith may be exceeded only as follows:
(a) By any taxing district when specifically authorized so to do by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy such additional tax submitted not more than twelve months prior to the date on which the proposed levy is to be made and not oftener than twice in such twelve month period, either at a special election or at the regular election of such taxing district, at which election the number of voters voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the voters of the taxing district voting on the proposition to levy when the number of voters voting on the proposition exceeds forty percent of the number of voters voting in such taxing district in the last preceding general election: Provided, That notwithstanding any other provision of this Constitution, any proposition pursuant to this subsection to levy additional tax for the support of the common schools or fire protection districts may provide such support for a period of up to four years and any proposition to levy an additional tax to support the construction, modernization, or remodelling of school facilities or fire facilities may provide such support for a period not exceeding six years: Provided further, That a proposition under this subsection to levy an additional tax for the maintenance and operation of the common schools for a period of up to four years, not including levies for transportation purposes, shall be authorized by a majority of the voters voting on the proposition if the proposition is approved at a general election;
(b) By any taxing district otherwise authorized by law to issue general obligation bonds for capital purposes, for the sole purpose of making the required payments of principal and interest on general obligation bonds issued solely for capital purposes, other than the replacement of equipment, when authorized so to do by majority of at least three-fifths of the voters of the taxing district voting on the proposition to issue such bonds and to pay the principal and interest thereon by annual tax levies in excess of the limitation herein provided during the term of such bonds, submitted not oftener than twice in any calendar year, at an election held in the manner provided by law for bond elections in such taxing district, at which election the total number of voters voting on the proposition shall constitute not less than forty percent of the total number of voters voting in such taxing district at the last preceding general election: Provided, That any such taxing district shall have the right by vote of its governing body to refund any general obligation bonds of said district issued for capital purposes only, and to provide for the interest thereon and amortization thereof by annual levies in excess of the tax limitation provided for herein, And provided further, That the provisions of this section shall also be subject to the limitations contained in Article VIII, Section 6, of this Constitution;
(c) By the state or any taxing district for the purpose of preventing the impairment of the obligation of a contract when ordered so to do by a court of last resort.
BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state."
Senators Oke, Hargrove and Stevens spoke in favor of adoption of the amendment.
Senators Eide and Weinstein spoke against adoption of the amendment.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
MOTION
Senator Jacobsen demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
The motion by Senator Jacobsen that the previous question be put carried by voice vote.
The President declared the question before the Senate to be the adoption of the amendment by Senator Oke on page 1, line 6 to Substitute Senate Joint Resolution No. 8202.
ROLL CALL
The Secretary called the roll on the adoption of the amendment by Senator Oke was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25
Excused: Senator Deccio - 1
MOTION
On motion of Senator Eide, the rules were suspended, Substitute Senate Joint Resolution No. 8202 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Eide, Brown and McAuliffe spoke in favor of passage of the bill.
Senators Stevens, Hargrove, Johnson, McCaslin and Finkbeiner spoke against passage of the bill.
MOTION
Senator Spanel demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be “Shall the main question be now put?”
The motion by Senator Spanel that the previous question be put carried by voice vote.
The President declared the question before the Senate to be the final passage of Substitute Senate Joint Resolution No. 8202.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Joint Resolution No. 8202 and the bill failed to pass the Senate by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 25
Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23
Excused: Senator Deccio - 1
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8202, having failed to receive the constitutional majority, was declared lost.
MOTION
On motion of Senator Eide, the Senate advanced to the eighth order of business.
MOTION
Senator Stevens moved adoption of the following resolution:
SENATE RESOLUTION
8622
By Senators Stevens, McCaslin, Eide, Pflug, McAuliffe, Rasmussen, Schmidt, Regala, Morton, Brandland, Hewitt, Oke, Spanel, Parlette, Zarelli, Johnson, Schoesler, Benton, Honeyford, Deccio, Hargrove, Esser, Carrell, Keiser, Franklin, Swecker, Benson, Brown, Mulliken, Roach, Delvin and Thibaudeau
WHEREAS, The State of Washington recognizes the critical importance and fundamental right of parents to be actively involved in the direction of their children's education and character development; and
WHEREAS, Home schools provide families the opportunity for their children to receive a sound academic education that is reinforced by the at-home educational process; and
WHEREAS, Studies confirm that children who are educated at home score exceptionally well on nationally normed achievement tests, exhibit self-confidence and good citizenship, and are fully prepared to meet the challenge of today's society; and
WHEREAS, Some parent educators devote countless hours to helping their children attain academic excellence, a deep sense of patriotism, and civic responsibility and prepare them to become productive citizens; and
WHEREAS, Over seventy-four percent of home-educated adults age eighteen through twenty-four have taken, or are currently taking, college-level courses, compared to forty-six percent of the general United States population; and
WHEREAS, The State of Washington recognizes, by law, a family's right to educate its children at home as a legitimate and viable educational alternative; and
WHEREAS, Many notable Americans have been the product of home education, including George and Martha Washington, Benjamin Franklin, Abigail Adams, John Quincy Adams, Thomas Edison, Helen Keller, Douglas MacArthur, Pearl S. Buck, Franklin Roosevelt, Patrick Henry, John Marshall, Abraham Lincoln, Booker T. Washington, and Woodrow Wilson; and
WHEREAS, Some parents of students who home school have accepted an additional financial responsibility to provide for their children's education, while at the same time paying taxes that support Washington's public school system; and
WHEREAS, It is estimated that home education families save the American taxpayers over ten billion dollars per year; and
WHEREAS, It is appropriate that Washington's home-educating families be recognized for their selfless contribution to the quality of education in this great state;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the State of Washington hereby honor, thank, and celebrate the home-educating families in the state.
Senators Stevens, Hargrove, McAuliffe, Pflug, Sheldon and Benson spoke in favor of adoption of the resolution.
The President declared the question before the Senate to be the adoption of Senate Resolution No. 8622.
The motion by Senator Stevens carried and the resolution was adopted by voice vote.
PERSONAL PRIVILEGE
Senator Shin: “During the discussion the simple majority, I stood up seven times wanting to speak, but without success. If I don’t speak really bad I think I’ll cry so I’m going to say it. Ladies and gentlemen, United States of America was number one in the world during World War II, Korean War and Viet Nam war because of our quality education. Today, unfortunately the United States is slipping behind. As you know I did travel a lot overseas. Until twelve years ago, we still maintained number one. Today, we’re number ninth in the world. That saddens me. I congratulate home school studies. I’m a home school myself too. I came to this country when I was eighteen, I could start ABC, GED and PHD. What is happening in our country bothers me. I’d like to remind our members of the Senate and also the parents, education is the prime importance of our job. Educating our children depends on us. Without our support, whether you’re a homeowner or a resident of an apartment, education is the prime responsibility of the generation today because the 21st Century we are looking for thinkers not the makers and thinking people come from great education. Now that I have made speech, thank you for listening.”
PERSONAL PRIVILEGE
Senator Prentice: “I’ve got a happier point of personal privilege. Former page of mine is in the news today. Bryce Fisher was just signed to the Sea hawks and he is the son of a constituent of mine. Remember Richard Fisher? Who was our Sergeant at Arms, who I worked with thirty-some years ago when he was a state trooper and I was the emergency nurse at Valley Medical and Bryce was a page here for me and I just thought, be sure that you read it in the paper. Thanks.”
MOTION
At 12:38 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.
AFTERNOON SESSION
The Senate was called to order at 2:18 p.m. by President Owen.
MOTION
On motion of Senator Eide, the Senate reverted to the sixth order of business.
SECOND READING
SENATE BILL NO. 5585, by Senators Poulsen, Esser and Prentice
Allowing port districts to lease land acquired from a commercial waterway district. Revised for 1st Substitute: Requiring a report from port districts regarding management of former commercial waterway district property.
MOTIONS
On motion of Senator Poulsen, Substitute Senate Bill No. 5585 was substituted for Senate Bill No. 5585 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 5585 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Poulsen 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. 5585.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5585 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Voting nay: Senator Honeyford - 1
Excused: Senator Deccio - 1
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. 5997, by Senators Spanel and Benton
Regulating out-of-state banks, savings banks, and mutual savings banks branches.
MOTION
On motion of Senator Spanel, Substitute Senate Bill No. 5997 was substituted for Senate Bill No. 5997 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Pridemore moved that the following amendment by Senator Pridemore be adopted.
On page 11, after line 13, insert the following:
“NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.”
Senators Pridemore and Benson spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pridemore on page 11, after line 13 to Substitute Senate Bill No. 5997.
The motion by Senator Pridemore carried and the amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, strike line 3 of the title and insert “adding a new section to chapter 30.38. RCW; and declaring an emergency.”
MOTION
On motion of Senator Spanel, the rules were suspended, Engrossed Substitute Senate Bill No. 5997 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Spanel and Benson spoke in favor of passage of the bill.
MOTION
On motion of Senator Regala, Senator Haugen was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5997.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5997 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Deccio and Haugen - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 5997, 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. 5135, by Senators Kastama, Mulliken, Zarelli, Doumit and Rasmussen
Addressing volunteer fire fighters' and reserve officers' relief and pensions.
The measure was read the second time.
MOTION
On motion of Senator Kastama, the rules were suspended, Senate Bill No. 5135 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kastama and Zarelli 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. 5135.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5135 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Excused: Senators Deccio and Haugen - 2
SENATE BILL NO. 5135, 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.
NOTICE FOR RECONSIDERATION
Senator Benton gave notice of his intent to move to reconsider the vote by which Engrossed Substitute Senate Bill No. 5997 passed the Senate.
SECOND READING
SENATE BILL NO. 5612, by Senators Berkey, Schmidt, Keiser, Roach, Kohl-Welles, Oke, Pridemore, Fairley, Kline, Shin and McAuliffe
Expanding programs eligible for housing assistance grants and loans.
The measure was read the second time.
MOTION
On motion of Senator Berkey, the rules were suspended, Senate Bill No. 5612 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Berkey spoke in favor of passage of the bill.
Senator Honeyford spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Senate Bill No. 5612.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5612 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 29
Voting nay: Senators Benson, Brandland, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schoesler, Sheldon, Stevens and Zarelli - 18
Excused: Senators Deccio and Haugen - 2
SENATE BILL NO. 5612, 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 moved that the Senate advance to the ninth order of business for the purpose of relieving the Early Learning, K-12 & Higher Education Committee of Senate Bill No. 5634.
PARLIAMENTARY INQUIRY
Senator Eide: “I’m sorry Mr. President, I did not get the numbers of the bills.”
REPLY BY THE PRESIDENT
President Owen: “It was Senate Bill No. 5634.”
PARLIAMENTARY INQUIRY
Senator Eide: “And the title?”
REPLY BY THE PRESIDENT
President Owen: “I’m not familiar with what the title is.”
REMARKS BY SENATOR ESSER
Senator Esser: “The title, Mr. President, is ‘An act relating to verification of educational credits used for certificated employees salary increases.”’
REMARKS BY SENATOR MCAULIFFE
Senator McAuliffe: “This particular bill was heard on the last day of committee. It has to do with what they call ‘credits that were obtained from a illegal, I guess I’d say educational institutions..... I’m sorry, let me start over. This bill has not been worked out. We’ve heard it the last day of committee, it has some merit, it’s a good bill, we’d like to take next year. It just hasn’t been worked out in the details yet. There are some concerns that we have and we’d like you not to pull this from the committee.”
Senator McAuliffe spoke against the motion to advance to the ninth order of business.
Senators Esser and Schoesler spoke in favor of the motion to advance to the ninth order of business.
President Owen: “For the members, the motion is to advance to the ninth order for the purpose of considering that one bill, just for your information. We’re not at that point yet.”
MOTION
Senator Brown demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
MOTION
A division was demanded.
The motion by Senator Brown that the previous question be put carried by a rising vote.
Senator Esser demanded a roll call.
The President declared that one-sixth of the members supported the demand and the demand was sustained.
ROLL CALL
The Secretary called the roll and the motion by Senator Esser to advance to the ninth order of business to relieve the Committee on Early Learning, K-12 & Higher Education of Senate Bill No. 5634 and the motion failed by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 23.
Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25.
Excused: Senator Deccio - 1.
SECOND READING
SENATE BILL NO. 5610, by Senator Jacobsen
Promoting salmon recovery on a regionwide basis.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5610 was substituted for Senate Bill No. 5610 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5610 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Jacobsen and Oke spoke in favor of passage of the bill.
Senator Honeyford spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5610.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5610 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 1; Excused, 1.
Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senators Benson, Delvin and Honeyford - 3
Absent: Senator McCaslin - 1
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5610, 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. 5869, by Senators Swecker, Jacobsen, Oke, Spanel, Hargrove, Morton, Doumit, Stevens and Rasmussen
Concerning planting of certain trout.
The measure was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5869 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Oke and 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. 5869.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5869 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SENATE BILL NO. 5869, 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. 5841, by Senators Keiser, Thibaudeau, Kline, Kohl-Welles and Shin
Providing for the prevention, diagnosis, and treatment of asthma.
MOTIONS
On motion of Senator Keiser, Substitute Senate Bill No. 5841 was substituted for Senate Bill No. 5841 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Keiser, the rules were suspended, Substitute Senate Bill No. 5841 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Keiser, Rockefeller and Thibaudeau spoke in favor of passage of the bill.
Senator Parlette spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5841.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5841 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 1; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Oke, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 40
Voting nay: Senators Brandland, Delvin, Hewitt, Honeyford, Mulliken, Parlette and Stevens - 7
Absent: Senator McAuliffe - 1
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5841, 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 Benton withdrew his motion to reconsider the vote on Engrossed Substitute Senate Bill No. 5997.
SECOND READING
SENATE BILL NO. 5720, by Senators Keiser, Franklin and McAuliffe
Eliminating employee noncompetition agreements in the broadcasting industry.
MOTION
On motion of Senator Keiser, Substitute Senate Bill No. 5720 was substituted for Senate Bill No. 5720 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Keiser moved that the following amendment by Senator Keiser be adopted.
On page 1, line 7 after "terminated" insert "without just cause"
Beginning on page 1, line 18, after "(a)" strike all material through "18 RCW" on page 2, line 3, and insert ""Employee" means an employee of a broadcasting industry employer other than a sales or management employee"
Senators Keiser and Benton spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Keiser on page 1, line 7 to Substitute Senate Bill No. 5720.
The motion by Senator Keiser carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 5720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Keiser spoke in favor of passage of the bill.
Senator Johnson spoke against passage of the bill.
MOTION
Senator Jacobsen demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
MOTION
A division was demanded.
The motion by Senator Jacobsen that the previous question be put carried by a rising vote.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5720.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5720 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; 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, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 26
Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 22
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5720, 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. 5806, by Senators Kohl-Welles, Hargrove, Rasmussen and Jacobsen
Requiring child care agencies to provide additional information to parents.
MOTION
On motion of Senator Kohl-Welles, Engrossed Substitute Senate Bill No. 5806 was substituted for Senate Bill No. 5806 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Kohl-Welles moved that the following striking amendment by Senators Kohl-Welles, Hargrove and Stevens be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that child care providers provide valuable services for the families of Washington state and are an important part of ensuring the healthy growth and development of young children. It also recognizes the importance of ensuring that operators of child day-care centers and family day-care providers are providing safe and quality care and operating in compliance with minimal standards.
The legislature further recognizes that parents, as consumers, have an interest in obtaining access to information that is relevant to making informed decisions about the persons with whom they entrust the care of their children. The purpose of this act is to establish a system, consistent throughout the state, through which parents, guardians, and other persons acting in loco parentis can obtain certain information about child care providers.
NEW SECTION. Sec. 2. A new section is added to chapter 74.15 RCW to read as follows:
(1) The department shall establish and maintain a toll-free telephone number, and an interactive web-based system through which persons may obtain information regarding child day-care centers and family day-care providers. This number shall be available twenty-four hours a day for persons to request information. The department shall respond to recorded messages left at the number within two business days. The number shall be published in reasonably available printed and electronic media. The number shall be easily identifiable as a number through which persons may obtain information regarding child day-care centers and family day-care providers as set forth in this section.
(2) Through the toll-free telephone line established by this section, the department shall provide information to callers about: (a) Whether a day-care provider is licensed; (b) whether a day-care provider's license is current; (c) the general nature of any enforcement against the providers; (d) how to report suspected or observed noncompliance with licensing requirements; (e) how to report alleged abuse or neglect in a day care; (f) how to report health, safety, and welfare concerns in a day care; (g) how to receive follow-up assistance, including information on the office of the family and children's ombudsman; and (h) how to receive referral information on other agencies or entities that may be of further assistance to the caller.
(3) Beginning in January 2006, the department shall print the toll-free number established by this section on the face of new licenses issued to child day-care centers and family day-care providers.
(4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.17 RCW.
NEW SECTION. Sec. 3. A new section is added to chapter 74.15 RCW to read as follows:
(1) Every child day-care center and family day-care provider shall prominently post the following items, clearly visible to parents and staff:
(a) The license issued under this chapter;
(b) The department's toll-free telephone number established by section 2 of this act;
(c) The notice of any pending enforcement action. The notice must be posted immediately upon receipt. The notice must be posted for at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer;
(d) A notice that inspection reports and any notices of enforcement actions for the previous three years are available from the licensee and the department; and
(e) Any other information required by the department.
(2) The department shall disclose, upon request, the receipt, general nature, and resolution or current status of all complaints on record with the department after the effective date of this act against a child day-care center or family day-care provider that result in an enforcement action.
This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.17 RCW.
NEW SECTION. Sec. 4. A new section is added to chapter 74.15 RCW to read as follows:
(1) Every child day-care center and family day-care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after the effective date of this act.
(2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day-care centers and family day-care providers consistent with chapter 42.17 RCW. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
Sec. 5. RCW 74.15.130 and 1998 c 314 s 6 are each amended to read as follows:
(1) An agency may be denied a license, or any license issued pursuant to chapter 74.15 RCW and RCW 74.13.031 may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of chapter 74.15 RCW and RCW 74.13.031 or the requirements promulgated pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031; or (b) that the conditions required for the issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of a foster family home license, the department's decision shall be upheld if there is reasonable cause to believe that:
(a) The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home care, however, no unfounded report of child abuse or neglect may be used to deny employment or a license;
(b) The applicant or licensee has failed or refused to comply with any provision of chapter 74.15 RCW, RCW 74.13.031, or the requirements adopted pursuant to such provisions; or
(c) The conditions required for issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses.
(3) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, other than a foster family home license, the department's decision shall be upheld if it is supported by a preponderance of the evidence.
(4) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under the provisions of this chapter and RCW 74.13.031 or that an agency subject to licensing under this chapter and RCW 74.13.031 is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance. Civil monetary penalties shall not exceed seventy-five dollars per violation for a family day-care home and two hundred fifty dollars per violation for group homes, child day-care centers, and child-placing agencies. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. An agency that continues to operate following a license revocation is subject to the maximum penalty for each day of operation following the revocation. The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period. The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. Chapter 43.20A RCW governs notice of a civil monetary penalty and provides the right of an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
(5)(a) The department may place a child day-care center or family day-care provider on nonreferral status or stop placement status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status or stop placement status may continue until the department determines that: (i) No enforcement action is appropriate; (ii) a complaint is not founded or valid; or (iii) a corrective action plan has been successfully concluded. The department shall then remove the center or provider from nonreferral status and provide appropriate notice to the public and private child care resource and referral agencies.
(b) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to take an enforcement action against the center or provider.
(6) Whenever an enforcement action is taken, the department shall notify the child care agency subject to the action in writing by personal service within ten business days.
NEW SECTION. Sec. 6. A new section is added to chapter 74.15 RCW to read as follows:
(1) Every licensed child day-care center shall, at the time of licensure or renewal and at any inspection, provide to the department proof that the licensee has day-care insurance as defined in RCW 48.88.020, or is self-insured pursuant to chapter 48.90 RCW.
(a) Every licensed child day-care center shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day-care center, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(b) Liability limits under this subsection shall be the same as set forth in RCW 48.88.050.
(c) The department may take action as provided in RCW 74.15.130 if the licensee fails to maintain in full force and effect the insurance required by this subsection.
(d) This subsection applies to child day-care centers holding licenses, initial licenses, and probationary licenses under this chapter.
(e) A child day-care center holding a license under this chapter on the effective date of this act, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(2)(a) Every licensed family day-care provider shall, at the time of licensure or renewal either:
(i) Provide to the department proof that the licensee has day-care insurance as defined in RCW 48.88.020, or other applicable insurance; or
(ii) Provide written notice of their insurance status to parents with a child enrolled in family day care.
(b) Any licensed family day-care provider that provides to the department proof that the licensee has insurance as provided under (a)(i) of this subsection shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day-care home, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(c) Liability limits under (a)(i) of this subsection shall be the same as set forth in RCW 48.88.050.
(d) The department may take action as provided in RCW 74.15.130 if the licensee fails to notify the department when coverage has been terminated as required under (b) of this subsection.
(e) A family day-care provider holding a license under this chapter on the effective date of this act is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(3) Noncompliance or compliance with the provisions of this section shall not constitute evidence of liability or nonliability in any injury litigation."
Senator Kohl-Welles 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 Kohl-Welles, Hargrove and Stevens to Substitute Senate Bill No. 5806.
The motion by Senator Kohl-Welles carried and the striking amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted.
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 74.15.130; adding new sections to chapter 74.15 RCW; creating a new section; and prescribing penalties."
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 5806 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kohl-Welles and Stevens spoke in favor of passage of the bill.
MOTION
On motion of Senator Hewitt, Senator Carrell was excused.
The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5806.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5806 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 3; Absent, 1; Excused, 2.
Voting yea: Senators Benson, Berkey, Brandland, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 43
Voting nay: Senators Benton, Mulliken and Zarelli - 3
Absent: Senator Brown - 1
Excused: Senators Carrell and Deccio - 2
ENGROSSED SUBSTITUTE SENATE BILL NO. 5806, 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. 5910, by Senators Kline, Jacobsen and Kohl-Welles
Establishing the University of Washington school of law public service legal loan repayment assistance program.
MOTIONS
On motion of Senator Kline, Substitute Senate Bill No. 5910 was substituted for Senate Bill No. 5910 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5910 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Kline and Esser spoke in favor of passage of the bill.
Senator Honeyford spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5910.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5910 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 18; Absent, 0; Excused, 2.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 29
Voting nay: Senators Benson, Benton, Brandland, Delvin, Finkbeiner, Hewitt, Honeyford, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 18
Excused: Senators Carrell and Deccio - 2
SUBSTITUTE SENATE BILL NO. 5910, 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. 5522, by Senators Franklin, Weinstein, Keiser, Kastama, Zarelli, Rasmussen, Hewitt, Kline, Schmidt and Rockefeller
Purchasing service credit lost due to injury.
The measure was read the second time.
MOTION
On motion of Senator Franklin, the rules were suspended, Senate Bill No. 5522 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Franklin and Zarelli 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. 5522.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5522 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
SENATE BILL NO. 5522, 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. 5994, by Senators Prentice and Rasmussen
Limiting the number and location of house-banked card rooms.
MOTIONS
On motion of Senator Prentice, Substitute Senate Bill No. 5994 was substituted for Senate Bill No. 5994 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5994 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Prentice spoke in favor of passage of the bill.
Senator Honeyford spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5994.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5994 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 1; Excused, 1.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 27
Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens and Zarelli - 20
Absent: Senator Kastama - 1
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5994, 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. 5396, by Senators Fraser, Esser, Jacobsen, Oke, Regala, Swecker, Rockefeller, Spanel, Pridemore, Thibaudeau, Haugen and Kline
Expanding the criteria for habitat conservation programs.
MOTION
On motion of Senator Fraser, Substitute Senate Bill No. 5396 was substituted for Senate Bill No. 5396 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Swecker moved that the following amendment by Senators Swecker and Hargrove be adopted.
On page 7, beginning on line 20, after "acquisition of" strike "real property interests" and insert "nonperpetual real property interests with terms not exceeding fifty years in duration"
On page 10, line 9, after "interest" strike "in perpetuity" and insert ". However, at least fifty percent of farmland preservation account funds shall be used to acquire nonperpetual real property interests with terms not exceeding fifty years in duration"
Senators Swecker and Fraser 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 Hargrove on page 7, line 20 to Substitute Senate Bill No. 5396.
The motion by Senator Swecker carried and the amendment was adopted by voice vote.
MOTION
Senator Parlette moved that the following amendment by Senators Parlette and Morton be adopted.
On page 8, line 23, after "owned." insert "In counties having less than thirty percent of land in private ownership, the amount in lieu of real property taxes must be based on one hundred percent of the property's true and fair value under chapter 84.40 RCW except taxes levied for any state purpose."
On page 8, line 26, after "due" strike "under chapter 84.34 RCW"
On page 17, line 21, after "owned." insert "In counties having less than thirty percent of land in private ownership, the amount in lieu of real property taxes must be based on one hundred percent of the property's true and fair value under chapter 84.40 RCW except taxes levied for any state purpose."
On page 17, beginning on line 23, after "due" strike "under chapter 84.34 RCW"
On page 18, line 3, after "owned." insert "In counties having less than thirty percent of land in private ownership, the amount in lieu of real property taxes must be based on one hundred percent of the property's true and fair value under chapter 84.40 RCW except taxes levied for any state purpose."
On page 18, beginning on line 5, after "due" strike "under chapter 84.34 RCW"
On page 25, line 20, after "owned." insert "In counties having less than thirty percent of land in private ownership, the calculation of amounts in lieu of real property taxes is based on one hundred percent of the property's true and fair value under chapter 84.40 RCW, except taxes levied for any state purpose, and not on the property's value under chapter 84.34 RCW."
Senators Parlette and Fraser 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 Parlette and Morton on page 8, line 23 to Substitute Senate Bill No. 5396.
The motion by Senator Parlette carried and the amendment was adopted by voice vote.
MOTION
Senator Mulliken moved that the following amendment by Senator Mulliken be adopted.
On page 9, after line 28, insert the following:
"(12)(a) If the acquisition of property interests for riparian protection from the riparian protection account under this chapter reduces the development potential of that land in a county or city planning under RCW 36.70A.040:
(i) The county must determine the acreage and qualitative reduction in land suitable for development within the county and docket that amount as a deficiency to the planning director of the county in which the land is located;
(ii) By December 31, 2005, and at least every five years thereafter, each county shall increase the total amount of land suitable for development within the county by the total docketed acreage deficiency pursuant to (a)(i) of this subsection, with comparable qualitative land characteristics, through enactment of a county ordinance.
(b) As used in this subsection:
(i) "Docketing" means compiling and maintaining a detailed list, available to the public, of acreage and land use deficiencies in a manner that ensures the deficiencies will be presented for the required periodic county action;
(ii) "Qualitative land characteristics" means the designated use of the land in deficiency, its suitability for development, the general location of that land within the county, its physical characteristics, and the availability of urban governmental services for the land."
Senators Mulliken and Fraser spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Mulliken on page 9, after line 28 to Substitute Senate Bill No. 5396.
The motion by Senator Mulliken carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Fraser and Parlette 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. 5396.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5396 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44
Voting nay: Senators Honeyford, Mulliken, Schoesler and Sheldon - 4
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5396, 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. 5730, by Senators Doumit, Zarelli, Eide, Shin, Rasmussen and Mulliken
Small business regulation.
MOTION
On motion of Senator Doumit, Substitute Senate Bill No. 5730 was substituted for Senate Bill No. 5730 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Doumit moved that the following amendment by Senators Doumit, Shin and Fairley be adopted.
On page 4, after line 12, strike Sec. 4.
Renumber the sections consecutively and correct any internal references accordingly.
Senators Doumit, Fairley and Pflug spoke in favor of adoption of the amendment.
Senators Carrell and Benson spoke against adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senators Doumit, Shin and Fairley on page 4, after line 12 to Substitute Senate Bill No. 5730.
The motion by Senator Doumit carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Doumit, the rules were suspended, Engrossed Substitute Senate Bill No. 5730 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Doumit, Pflug, Shin and Benson 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. 5730.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5730 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 5730, 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. 5767, by Senators McAuliffe, Haugen, Keiser, Kline, Kohl-Welles, Fairley, Franklin, Shin, Berkey and Hargrove
Developing plans to address the housing needs of homeless persons.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5767 was substituted for Senate Bill No. 5767 and the substitute bill was placed on the second reading and read the second time.
On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5767 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators McAuliffe and Fairley spoke in favor of passage of the bill.
Senator Benton spoke against passage of the bill.
The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5767.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5767 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 34
Voting nay: Senators Benson, Benton, Carrell, Delvin, Esser, Johnson, McCaslin, Morton, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli - 14
Excused: Senator Deccio - 1
SUBSTITUTE SENATE BILL NO. 5767, 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 Brown, Senate Bill No. 6010 was made a special order of business of the day.
Pursuant to Senate Rule 18 to be taken up at 4:55 p.m.
SECOND READING
SENATE BILL NO. 5094, by Senator Jacobsen
Changing the maximum per parcel rate for conservation district special assessments.
The measure was read the second time.
MOTION
Senator Jacobsen moved that the following amendment by Senator Jacobsen be adopted.
On page 3, line 4, after "exceed" strike "((five)) ten" and insert "five"
On page 3, line 5, after "dollars" insert ", except that for counties with a population of over one million five hundred thousand persons, the maximum annual per parcel rate shall not exceed ten dollars"
Senator Jacobsen spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 3, line 4 to Senate Bill No. 5094.
The motion by Senator Jacobsen carried and the amendment was adopted by voice vote.
MOTION
Senator Jacobsen moved that the following amendment by Senator Jacobsen be adopted.
On page 4, line 8, after "work." insert "All remaining funds collected under this section shall be transferred to the conservation district and used by the conservation district in accordance with this section."
Senator Jacobsen spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Jacobsen on page 4, line 8 to Senate Bill No. 5094.
The motion by Senator Jacobsen carried and the amendment was adopted by voice vote.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Senate Bill No. 5094 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Jacobsen spoke in favor of passage of the bill.
Senator Rasmussen spoke against passage of the bill.
MOTION
On motion of Senator Hewitt, Senators Esser and Johnson were excused.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5094.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5094 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 0; Excused, 3.
Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Pflug, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 29
Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Hargrove, Hewitt, Honeyford, McCaslin, Morton, Mulliken, Parlette, Rasmussen, Roach, Schoesler, Stevens and Zarelli - 17
Excused: Senators Deccio, Esser and Johnson - 3
ENGROSSED SENATE BILL NO. 5094, 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. 6050, by Senators Parlette, Doumit, Morton and Mulliken
Providing financial assistance to cities, towns, and counties.
MOTION
On motion of Senator Doumit, Substitute Senate Bill No. 6050 was substituted for Senate Bill No. 6050 and the substitute bill was placed on the second reading and read the second time.
MOTION
Senator Doumit moved that the following striking amendment by Senator Doumit be adopted:
On page 1, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.45.060 and 2000 c 103 s 15 are each amended to read as follows:
There is imposed an excise tax upon each sale of real property at the rate of one and twenty-eight one-hundredths percent of the selling price. An amount equal to ((seven and seven-tenths)) six and one-tenth percent of the proceeds of this tax to the state treasurer shall be deposited in the public works assistance account created in RCW 43.155.050. An amount equal to one and six-tenths percent of the proceeds of this tax to the state treasurer shall be deposited in the city-county assistance account created in section 2 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 43.08 RCW to read as follows:
(1) The city-county assistance account is created in the state treasury. All receipts from real estate excise tax disbursements provided under RCW 82.45.060 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes provided in this section.
(2) Funds deposited in the city-county assistance account shall be distributed equally to the cities and counties.
(3)(a) Funds distributed to counties shall, to the extent possible, increase the revenues received under RCW 82.14.030(1) by each county to the greater of two hundred fifty thousand dollars or:
(i) For a county with an unincorporated population of one hundred thousand or less, seventy percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year; and
(ii) For a county with an unincorporated population of more than one hundred thousand, sixty-five percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
(b) For each county with an unincorporated population of fifteen thousand or less, the county shall receive the greater of the amount in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
(c) For each county with an unincorporated population more than fifteen thousand and less than twenty-two thousand, the county shall receive in calendar year 2006 and 2007 the greater of the amount provided in (a) of this subsection or the amount received in local government assistance provided by section 716, chapter 276, Laws of 2004.
(d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all counties as otherwise determined under this subsection shall be ratably reduced.
(e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds shall be divided ratably based upon unincorporated population among those counties receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate.
(4) (a) For each city with a population of five thousand or less with a per capita assessed property value less than twice the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city shall receive the greater of the following three amounts:
(i) An amount necessary to increase the revenues collected under RCW 82.14.030(1) up to fifty-five percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
(ii) The amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
(iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
(b) For each city with a population more than five thousand with a per capita assessed property value less than the statewide average per capita assessed property value for all cities for the calendar year previous to the certification under subsection (6) of this section, the city shall receive the greater of the following three amounts:
(i) An amount necessary to increase the revenues collected under RCW 82.14.030(1) up to fifty percent of the statewide weighted average per capita level of sales and use tax revenues collected under RCW 82.14.030(1) for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) in the previous calendar year.
(ii) For calendar year 2006 and 2007, the amount received in local government assistance provided for fiscal year 2005 by section 721, chapter 25, Laws of 2003 1st sp. sess.
(iii) For a city with a per capita assessed property value less than fifty-five percent of the statewide average per capita assessed property value for all cities, an amount determined by subtracting the city's per capita assessed property value from fifty-five percent of the statewide average per capita assessed property value, dividing that amount by one thousand, and multiplying the result by the city's population.
(c) No city may receive an amount greater than one hundred thousand dollars a year under (a) or (b) of this subsection.
(d) To the extent that revenues are insufficient to fund the distributions under this subsection, the distributions of all cities as otherwise determined under this subsection shall be ratably reduced.
(e) To the extent that revenues exceed the amounts needed to fund the distributions under this subsection, the excess funds shall be divided ratably based upon population among those cities receiving funds under this subsection and imposing the tax collected under RCW 82.14.030(2) at the maximum rate.
(f) This subsection only applies to cities incorporated prior to the effective date of this section.
(5) The two hundred fifty thousand dollar amount in subsection (3) of this section and the one hundred thousand dollar amount in subsection (4) of this section shall be increased each year beginning in calendar year 2006 by inflation as defined in RCW 84.55.005, as determined by the department of revenue.
(6) Distributions under subsections (3) and (4) of this section shall be made quarterly beginning on October 1, 2005, based on population as last determined by the office of financial management. The department of revenue shall certify the amounts to be distributed under this section to the state treasurer. The certification shall be made by October 1, 2005, for the October 1, 2005, distribution and the January 1, 2006, distribution, based on calendar year 2004 collections. The certification shall be made by March 1, 2006, for distributions beginning April 1, 2006, and by March 1st of every year thereafter. The March 1st certification shall be used for distributions occurring on April 1st, July 1st, and October 1st of the year of certification and on January 1st of the year following certification.
(7) All distributions to local governments from the city-county assistance account constitute increases in state distributions of revenue to political subdivisions for purposes of state reimbursement for the costs of new programs and increases in service levels under RCW 43.135.060, including any claims or litigation pending against the state on or after January 1, 2005.
NEW SECTION. Sec. 3. A new section is added to chapter 44.28 RCW to read as follows:
During calendar year 2008, the joint legislative audit and review committee shall review the distributions to cities and counties under section 2 of this act to determine the extent to which the distributions target the needs of cities and counties for which the repeal of the motor vehicle excise tax had the greatest fiscal impact. In conducting the study, the committee shall solicit input from the cities and counties. The department of revenue and the state treasurer shall provide the committee with any data within their purview that the committee considers necessary to conduct the review. The committee shall report to the legislature the results of its findings, and any recommendations for changes to the distribution formulas under section 2 of this act, by December 31, 2008.
NEW SECTION. Sec. 4. This act takes effect August 1, 2005."
Senator Doumit spoke in favor of adoption of the striking amendment.
MOTION
Senator Pflug moved that the following amendment by Senator Pflug to the striking amendment be adopted.
On page 2, beginning on line 26, strike "with a per capita assessed property value less than twice the statewide average per capita assessed property value for all cities"
On page 3, line 8, following "five thousand" strike "with a per capita assessed property value less than the statewide average per capita assessed property value for all cities"
On page 3, strike lines 28 and 29
On page 4, line 2, following "section" strike "and the one hundred thousand dollar amount in subsection (4) of this section"
Renumber the sections consecutively and correct any internal references accordingly.
Senator Pflug spoke in favor of adoption of the amendment to the striking amendment.
Senators Doumit and Parlette spoke against adoption of the amendment to the striking amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Pflug on page 2, line 26 to the striking amendment to Engrossed Substitute Senate Bill No. 6050.
MOTION
A division was demanded.
The motion by Senator Pflug failed and the amendment to the striking amendment was not adopted by a rising vote.
The President declared the question before the Senate to be the adoption of the striking amendment as amended by Senator Doumit to Substitute Senate Bill No. 6050.
The motion by Senator Doumit carried and the striking amendment as amended was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted:
On page 1, line 2 of the title, after "counties;" strike the remainder of the title and insert "amending RCW 82.45.060; adding a new section to chapter 43.08 RCW; adding a new section to chapter 44.28 RCW; and providing an effective date."
MOTION
On motion of Senator Parlette, the rules were suspended, Engrossed Substitute Senate Bill No. 6050 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senator Parlette spoke in favor of passage of the bill.
Senator Pridemore 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. 6050.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6050 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brandland, Brown, Carrell, Doumit, Eide, Fairley, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Weinstein and Zarelli - 34
Voting nay: Senators Benson, Berkey, Delvin, Esser, Finkbeiner, Franklin, Fraser, Kline, Kohl-Welles, Pflug, Pridemore, Schmidt, Stevens and Thibaudeau - 14
Excused: Senator Deccio - 1
ENGROSSED SUBSTITUTE SENATE BILL NO. 6050, 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. 5609, by Senators Shin, Mulliken, Keiser, Carrell, Kohl-Welles and Benson
Increasing the operating fee waiver authority for Central Washington University.
The measure was read the second time.
MOTION
On motion of Senator Shin, the rules were suspended, Senate Bill No. 5609 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Shin and Mulliken 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. 5609.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5609 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47
Voting nay: Senator Pflug - 1
Excused: Senator Deccio - 1
SENATE BILL NO. 5609, 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. 6010, by Senator Fairley
Granting a right of return to employment to state employees who leave employment to serve in the Peace Corps.
The measure was read the second time.
MOTION
Senator Roach moved that the following amendment by Senator Roach be adopted.
On page 1, line 2 after "corps" insert "or to participate in a religious mission"
Renumber the sections consecutively and correct any internal references accordingly.
On page 1, on line 1 of the title, after "volunteers", insert "and religious missionaries"
WITHDRAWAL OF AMENDMENT
On motion of Senator Roach the amendment to Senate Bill No. 6010 was withdrawn.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli and Johnson be adopted.
On page 1, line 2, after "corps" insert "or to participate in a program sponsored by a humanitarian organization"
Renumber the sections consecutively and correct any internal references accordingly.
Senators Zarelli, Fairley and Roach 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 Zarelli and Johnson on page 1, line 2 to Senate Bill No. 6010.
The motion by Senator Zarelli carried and the amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted.
On page 1, on line 1 of the title, after "corps", insert "and humanitarian organization"
MOTION
On motion of Senator Regala, Senator Thibaudeau was excused.
PARLIAMENTARY INQUIRY
Senator Sheldon: “Do we have a copy of this bill on our desk some place? I didn’t see it listed in the large book, maybe I missed it.”
REPLY BY THE PRESIDENT
President Owen: “Page 126 accordingly to the calendar. The answer to your question is yes.”
MOTION
Senator Roach moved that the following amendment by Senator Roach be adopted.
On page 1, line 2 after "corps" insert "or to participate in a faith-based mission"
Renumber the sections consecutively and correct any internal references accordingly.
Senator Roach spoke in favor of adoption of the amendment.
The President declared the question before the Senate to be the adoption of the amendment by Senator Roach on page 1, line 2 to Senate Bill No. 6010.
The motion by Senator Roach carried and the amendment was adopted by voice vote.
MOTION
There being no objection, the following title amendment was adopted.
On page 1, on line 1 of the title, after "volunteers", insert "and faith-based missionaries"
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 6010 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Senators Fairley, Kohl-Welles and Benson spoke in favor of passage of the bill.
Senator Brandland spoke against passage of the bill.
POINT OF INQUIRY
Senator Swecker: “Would Senator Fairley yield to a question? I was just wondering, given that Senators are state employees, if we decide to go on a two year sabbatical can we be guaranteed a similar position when we retire?”
Senator Fairley: “Well, you know Senator, that’s a good question. I don’t think so.”
MOTION
Senator Honeyford demanded that the previous question be put.
The President declared that at least two additional senators joined the demand.
The President declared the question before the Senate to be, “Shall the main question be now put?”
The motion by Senator Honeyford that the previous question be put carried by voice vote.
The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6010.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6010 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.
Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Shin, Spanel, Stevens, Swecker and Zarelli - 40
Voting nay: Senators Brandland, Delvin, Finkbeiner, Morton, Pflug, Sheldon and Weinstein - 7
Excused: Senators Deccio and Thibaudeau - 2
ENGROSSED SENATE BILL NO. 6010, 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.
PERSONAL PRIVILEGE
Senator Brown: “I just want to thank everybody for all the hard work they’ve put in on the Senate bills now that we’ve come to this marking point in the session. Also remind you that, if you didn’t get your email, that there’s a little reception in my office with food and beverages, possibly even entertainment.”
MOTION
At 5:15 p.m., on motion of Senator Eide, the Senate adjourned until 12:00 noon, Thursday, March 17, 2005.
BRAD OWEN, President of the Senate
THOMAS HOEMANN, Secretary of the Senate