EIGHTY-SEVENTH DAY

MORNING SESSION

Senate Chamber, Olympia, Wednesday, April 6, 2005

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Haugen, Mulliken, Rasmussen, Sheldon and Swecker.

      The Sergeant at Arms Color Guard consisting of Pages Betsy Sowers and Shayla Wood, presented the Colors. Pastor Betty Hatter of The City of Truth Ministries 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 fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6105             by Senators Thibaudeau and Esser

 

AN ACT Relating to penalties for indecent liberties; reenacting and amending RCW 9.94A.515; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

SB 6106             by Senator Brandland

 

AN ACT Relating to disclosure of health care information for law enforcement purposes; amending RCW 70.02.010, 70.02.050, and 68.50.320; and creating a new section.

 

Referred to Committee on Health & Long-Term Care.

 

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 fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 5, 2005

 

MR. PRESIDENT:

The House has passed the following bill{s}:

      SENATE BILL NO. 5135,

      SENATE BILL NO. 5168,

      SUBSTITUTE SENATE BILL NO. 5178,

      SUBSTITUTE SENATE BILL NO. 5190,

      SENATE BILL NO. 5198,

      SUBSTITUTE SENATE BILL NO. 5230,

      SENATE BILL NO. 5268,

      SUBSTITUTE SENATE BILL NO. 5316,

      SENATE BILL NO. 5358,

      SENATE BILL NO. 5391,

      SUBSTITUTE SENATE BILL NO. 5406,

      SENATE BILL NO. 5424,

      SUBSTITUTE SENATE BILL NO. 5488,

and the same are herewith transmitted.

 


RICHARD NAFZIGER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President signed:

      SENATE BILL NO. 5135,

      SENATE BILL NO. 5168,

      SUBSTITUTE SENATE BILL NO. 5178,

      SUBSTITUTE SENATE BILL NO. 5190,

      SENATE BILL NO. 5198,

      SUBSTITUTE SENATE BILL NO. 5230,

      SENATE BILL NO. 5268,

      SUBSTITUTE SENATE BILL NO. 5316,

      SENATE BILL NO. 5358,

      SENATE BILL NO. 5391,

      SUBSTITUTE SENATE BILL NO. 5406,

      SENATE BILL NO. 5424,

      SUBSTITUTE SENATE BILL NO. 5488

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the first order of business.

 

REPORTS OF STANDING COMMITTEES

 

April 5, 2005

SB 6091 6091Committee Report            Prime Sponsor, Haugen: Making 2005-07 transportation appropriations. Revised for 1st Substitute: Making 2005-07 and 2003-05 transportation appropriations. Reported by Committee on Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 6091 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Eide, Esser, Mulliken, Spanel, Swecker and Weinstein

 

MINORITY recommendation: Do not pass. Signed by Senators Benson and Kastama

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SB 6103 6103Committee Report            Prime Sponsor, Haugen: Providing funding and funding options for transportation projects. Revised for 1st Substitute: Providing funding and funding options for transportation projects. (REVISED FOR ENGROSSED: Funding transportation projects.) Reported by Committee on Transportation

 

MAJORITY recommendation: That Substitute Senate Bill No. 6103 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Jacobsen, Vice Chair; Eide, Mulliken, Spanel, Swecker and Weinstein

 

MINORITY recommendation: Do not pass. Signed by Senators Benson, Esser and Kastama

 

Passed to Committee on Rules for second reading.

 

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

 

April 5, 2005

SGA 9035 9035Committee Report         JERALITA COSTA, appointed September 13, 2004, for the term ending April 15, 2005, as Member of the Indeterminate Sentence Review Board. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9063 9063Committee Report         JULIA L. GARRATT, appointed December 3, 2004, for the term ending April 15, 2009, as Member of the Indeterminate Sentence Review Board. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9110 9110Committee Report         DEBORAH S. LEE, appointed December 22, 2004, for the term ending June 17, 2008, as Member of the Human Rights Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9228 9228Committee Report         DAVID BOERNER, reappointed August 3, 2004, for the term ending August 2, 2007, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9229 9229Committee Report         MIKE BRASFIELD, reappointed August 20, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9232 9232Committee Report         RONALD D. CANTU, reappointed August 20, 2003, for the term ending August 2, 2006, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9256 9256Committee Report         DEAN S. LUM, reappointed September 27, 2004, for the term ending August 2, 2007, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

April 5, 2005

SGA 9311 9311Committee Report         SUSANNE BROWN-MCBRIDE, appointed March 10, 2005, for the term ending August 27, 2005, as Member of the Sentencing Guidelines Commission. Reported by Committee on Judiciary

 

MAJORITY recommendation: That said appointment be confirmed. Signed by Senators Kline, Chair; Weinstein, Vice Chair; Carrell, Esser, Hargrove, Johnson, McCaslin, Rasmussen and Thibaudeau

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1171, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Moeller, Cody, Roberts, Schual-Berke, Appleton, Morrell, Darneille, Chase, Kenney and Ormsby)

 

      Limiting the court's discretion concerning denial of dissolution decrees.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1171 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.

 

MOTION

 

On motion of Senator Hewitt, Senators Deccio, Honeyford and Mulliken were excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1171.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1171 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 4; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 43

      Absent: Senators Brown, Haugen, Rasmussen and Swecker - 4

      Excused: Senator Mulliken - 1

      SUBSTITUTE HOUSE BILL NO. 1171, 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

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1031, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Cody, Simpson, Wood, Green, McIntire, Morrell, Kenney, P. Sullivan and Darneille)

 

      Providing long-term funding for problem gambling.

 

      The measure was read the second time.

 

MOTION

 

      Senator Prentice moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that:

      (a) The costs to society of problem and pathological gambling include family disintegration, criminal activity, and financial insolvencies;

      (b) Problem and pathological gamblers suffer a higher incidence of addictive disorders such as alcohol and substance abuse;

      (c) Residents of Washington have the opportunity to participate in a variety of legal gambling activities operated by the state, by federally recognized tribes, and by private businesses and nonprofit organizations; and

      (d) A 1999 study found that five percent of adult Washington residents and eight percent of adolescents could be classified as problem gamblers during their lifetimes, and that more than one percent of adults have been afflicted with pathological gambling.

      (2) The legislature intends to provide long-term, dedicated funding for public awareness and education regarding problem and pathological gambling, training in its identification and treatment, and treatment services for problem and pathological gamblers and, as clinically appropriate, members of their families.

      Sec. 2. RCW 43.20A.890 and 2002 c 349 s 4 are each amended to read as follows:

      (1) A program for (a) the prevention and treatment of ((pathological)) problem and pathological gambling; and (b) the training of professionals in the identification and treatment of problem and pathological gambling is established within the department of social and health services, to be administered by a qualified person who has training and experience in ((handling pathological)) problem gambling ((problems)) or the organization and administration of treatment services for persons suffering from ((pathological)) problem gambling ((problems)). The department may contract for any services provided under the program. The department shall track program participation and client outcomes.

      (2) To receive treatment under subsection (1) of this section, a person must:

      (a) Need treatment for ((pathological)) problem or pathological gambling, or because of the problem or pathological gambling of a family member, but be unable to afford treatment; and

      (b) Be targeted by the department of social and health services as ((to be)) being most amenable to treatment.

      (3) Treatment under this section is ((limited to)) available only to the extent of the funds appropriated or otherwise made available to the department of social and health services for this purpose. The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, any tribal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies or any tribal government in making an application for any grant.

      (4) The department of social and health services shall ((report to the legislature by September 1, 2002, with a plan for implementing this section)) establish an advisory committee to assist it in designing, managing, and evaluating the effectiveness of the program established in this section. The committee shall include, at a minimum, persons knowledgeable in the field of problem and pathological gambling and persons representing tribal gambling, privately owned nontribal gambling, and the state lottery.

      (5) ((The department of social and health services shall report to the legislature by November 1, 2003, on program participation and client outcomes.)) For purposes of this section, "pathological gambling" is a mental disorder characterized by loss of control over gambling, progression in preoccupation with gambling and in obtaining money to gamble, and continuation of gambling despite adverse consequences. "Problem gambling" is an earlier stage of pathological gambling which compromises, disrupts, or damages family or personal relationships or vocational pursuits.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows:

      The problem gambling account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the program established under RCW 43.20A.890.

      Sec. 4. RCW 67.70.340 and 2002 c 349 s 3 are each amended to read as follows:

      (1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing state lottery ticket sales. The legislature further recognizes that the two funds most impacted by this potential event are the student achievement fund and the education construction account. Therefore, it is the intent of the legislature to use some of the proceeds from the shared game lottery to make up the difference that the potential state lottery revenue loss would have on the student achievement fund and the education construction account. The legislature further intends to use some of the proceeds from the shared game lottery to fund programs and services related to problem and pathological gambling.

      (2) The student achievement fund and the education construction account are expected to collectively receive one hundred two million dollars annually from state lottery games other than the shared game lottery. For fiscal year 2003 and thereafter, if the amount of lottery revenues earmarked for the student achievement fund and the education construction account ((are)) is less than one hundred two million dollars, the commission, after making the transfer required under subsection (3) of this section, must transfer sufficient moneys from revenues derived from the shared game lottery into the student achievement fund and the education construction account to bring the total revenue up to one hundred two million dollars. The funds transferred from the shared game lottery account under this subsection must be divided between the student achievement fund and the education construction account in a manner consistent with RCW 67.70.240(3).

      (3) ((For fiscal year 2003, the commission shall transfer from revenues derived from the shared game lottery to the violence reduction and drug enforcement account under RCW 69.50.520 five hundred thousand dollars exclusively for the treatment of pathological gambling as prescribed by RCW 67.70.350.)) (a) The commission shall transfer, from revenue derived from the shared game lottery, to the problem gambling account created in section 3 of this act, an amount equal to the percentage specified in (b) of this subsection of net receipts. For purposes of this subsection, "net receipts" means the difference between (i) revenue received from the sale of lottery tickets or shares and revenue received from the sale of shared game lottery tickets or shares; and (ii) the sum of payments made to winners.

      (b) In fiscal year 2006, the percentage to be transferred to the problem gambling account is one-tenth of one percent. In fiscal year 2007 and subsequent fiscal years, the percentage to be transferred to the problem gambling account is thirteen one-hundredths of one percent.

      (4) The remaining net revenues, if any, in the shared game lottery account after the transfers pursuant to this section shall be deposited into the general fund.

      NEW SECTION. Sec. 5. A new section is added to chapter 82.04 RCW, to be codified between RCW 82.04.220 and 82.04.310, to read as follows:

      (1) Upon every person engaging within this state in the business of operating contests of chance; as to such persons, the amount of tax with respect to the business of operating contests of chance is equal to the gross income of the business derived from contests of chance multiplied by the rate of 1.5 percent.

      (2) An additional tax is imposed on those persons subject to tax in subsection (1) of this section. The amount of the additional tax with respect to the business of operating contests of chance is equal to the gross income of the business derived from contests of chance multiplied by the rate of 0.1 percent through June 30, 2006, and 0.13 percent thereafter. The money collected under this subsection (2) shall be deposited in the problem gambling account created in section 3 of this act.

      (3) For the purpose of this section, "contests of chance" means any contests, games, gaming schemes, or gaming devices, other than the state lottery as defined in RCW 67.70.010, in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor in the outcome. The term includes social card games, bingo, raffle, and punchboard games, and pull-tabs as defined in chapter 9.46 RCW. The term does not include race meets for the conduct of which a license must be secured from the Washington horse racing commission, or "amusement game" as defined in RCW 9.46.0201.

      (4) "Gross income of the business" does not include the monetary value or actual cost of any prizes that are awarded, amounts paid to players for winning wagers, accrual of prizes for progressive jackpot contests, or repayment of amounts used to seed guaranteed progressive jackpot prizes.

      NEW SECTION. Sec. 6. A new section is added to chapter 82.04 RCW to read as follows:

      (1) Upon every person engaging within this state in the business of conducting race meets for the conduct of which a license must be secured from the Washington horse racing commission; as to such persons, the amount of tax with respect to the business of parimutuel wagering is equal to the gross income of the business derived from parimutuel wagering multiplied by the rate of 0.1 percent through June 30, 2006, and 0.13 percent thereafter. The money collected under this section shall be deposited in the problem gambling account created in section 3 of this act.

      (2) For purposes of this section, "gross income of the business" does not include amounts paid to players for winning wagers, or taxes imposed or other distributions required under chapter 67.16 RCW.

      (3) The tax imposed under this section is in addition to any tax imposed under chapter 67.16 RCW.


      Sec. 7. RCW 82.04.350 and 1961 c 15 s 82.04.350 are each amended to read as follows:

      Except as provided in section 6(1) of this act, this chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the horse racing commission.

      Sec. 8. RCW 82.04.290 and 2004 c 174 s 2 are each amended to read as follows:

      (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

      (2) Upon every person engaging within this state in any business activity other than or in addition to ((those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280, 82.04.2907, 82.04.272, 82.04.2906, and 82.04.2908, and)) an activity taxed explicitly under another section in this chapter or subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

      (3) Subsection (2) of this section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section.

      Sec. 9. RCW 9.46.071 and 2003 c 75 s 1 are each amended to read as follows:

      (1) The legislature recognizes that some individuals in this state are problem or ((compulsive)) pathological gamblers. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of services for problem and ((compulsive)) pathological gamblers. Therefore, ((at a minimum,)) the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop informational signs concerning problem and ((compulsive)) pathological gambling which include a toll-free hot line number for problem and ((compulsive)) pathological gamblers. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers. In addition, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission may also contract with other qualified entities to provide public awareness, training, and other services to ensure the intent of this section is fulfilled.

      (2)(a) During any period in which section 5(2) of this act is in effect, the commission may not increase fees payable by licensees under its jurisdiction for the purpose of funding services for problem and pathological gambling. Any fee imposed or increased by the commission, for the purpose of funding these services, before the effective date of this section shall have no force and effect after the effective date of this section.

      (b) During any period in which section 5(2) of this act is not in effect:

      (i) The commission, the Washington state horse racing commission, and the state lottery commission may contract for services, in addition to those authorized in subsection (1) of this section, to assist in providing for treatment of problem and pathological gambling; and

      (ii) The commission may increase fees payable by licenses under its jurisdiction for the purpose of funding the services authorized in this section for problem and pathological gamblers.

      NEW SECTION. Sec. 10. 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. 11. 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 July 1, 2005."

      On page 1, line 1 of the title, after "gambling;" strike the remainder of the title and insert "amending RCW 43.20A.890, 67.70.340, 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."

      Senator Prentice spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

Senator Honeyford moved that the following amendment by Senator Honeyford to the committee striking amendment be adopted.

      Beginning on page 1, line 22 of the amendment, strike all of sections 2 through 4 and insert the following:

      "Sec. 2. RCW 43.20A.890 and 2002 c 349 s 4 are each amended to read as follows:

      (1) A program for (a) the prevention and treatment of ((pathological)) problem and pathological gambling; and (b) the training of professionals in the identification and treatment of problem and pathological gambling is established within the department of social and health services, to be administered by a qualified person who has training and experience in ((handling pathological)) problem gambling ((problems)) or the organization and administration of treatment services for persons suffering from ((pathological)) problem gambling ((problems)). The department may contract for any services provided under the program. The department shall track program participation and client outcomes.

      (2) To receive treatment under subsection (1) of this section, a person must:

      (a) Need treatment for ((pathological)) problem or pathological gambling, or because of the problem or pathological gambling of a family member, but be unable to afford treatment; and

      (b) Be targeted by the department of social and health services as ((to be)) being most amenable to treatment.

      (3) Treatment under this section is ((limited to)) available only to the extent of the funds appropriated or otherwise made available to the department of social and health services for this purpose. The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, any tribal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies or any tribal government in making an application for any grant.

      (4)(a) There is hereby created within the office of financial management a problem gambling financial advisory committee, consisting of eight voting members appointed or selected by the governor. It is the purpose and function of the problem gambling financial advisory committee to annually determine and report to the governor a consensus estimate of the monetary value of all programs for the treatment of problem and pathological gambling that:

      (i) Provided problem and pathological gambling treatment services to Washington residents in compliance with RCW 49.60.030 at any time during the immediately preceding calendar year;

      (ii) Were funded in whole or in part by either a tribal government located within the external geographic boundaries of the state, or an entity subject to taxation under section 5(2) or 6(1) of this act; and

      (iii) Provided to the problem gambling financial advisory committee by March 30th of the current calendar year such financial and programmatic information deemed by at least half of the advisory committee to be timely and sufficient to afford adequate review under this section.

      (b) The members of the problem gambling financial advisory committee shall be appointed as follows:

      (i) Three members selected by the governor from among those nominated by any, some, or all federally recognized Indian tribes with which the state has entered into a compact under RCW 9.46.360;

      (ii) Two members selected by the governor from among those nominated by any, some, or all entities subject to taxation under section 5(2) or 6(1) of this act;

      (iii) One member selected by the governor from among those nominated by any, some, or all entities providing problem and pathological gambling services in Washington;

      (iv) One member representing the department of social and health services; and

      (v) One member representing the office of financial management.

      (c) The problem gambling financial advisory committee's report of the consensus estimate of the monetary value of programs for the treatment of problem and pathological gambling shall be submitted to the governor only if the advisory committee's entire report receives (i) an affirmative vote of six or more voting members; and (ii) the vote is obtained on or before September 30th of the year in which the committee received timely financial reports.

      (5) The department of social and health services shall ((report to the legislature by September 1, 2002, with a plan for implementing this section)) establish an advisory committee to assist it in designing, managing, and evaluating the effectiveness of the program established in this section. The committee shall include, at a minimum, persons knowledgeable in the field of problem and pathological gambling and persons representing tribal gambling, privately owned nontribal gambling, and the state lottery.

      (((5) The department of social and health services shall report to the legislature by November 1, 2003, on program participation and client outcomes.)) (6) For purposes of this section, "pathological gambling" is a mental disorder characterized by loss of control over gambling, progression in preoccupation with gambling and in obtaining money to gamble, and continuation of gambling despite adverse consequences. "Problem gambling" is an earlier stage of pathological gambling which compromises, disrupts, or damages family or personal relationships or vocational pursuits.

      NEW SECTION. Sec. 3. A new section is added to chapter 43.20A RCW to read as follows:

      (1) The problem gambling account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of the program established under RCW 43.20A.890.

      (2) The treasurer shall keep an accurate record of receipts of, and deposits or payments into, and all disbursements from, the account and shall separately account for and distinguish amounts received:

      (a) Pursuant to RCW 67.70.340(3) or section 5(2) or 6(1) of this act, hereinafter referred to as "mandatory contributions" to the problem gambling account;

      (b) From a tribal government located within the external geographic boundaries of the state of Washington, hereinafter referred to as "voluntary tribal contributions" to the problem gambling account, which includes a tribal contribution in support of purposes substantially similar to those described in RCW 43.20A.890 that are received by the department of social and health services after January 1, 2005, but before July 1, 2005, and which are transferred to the problem gambling account; and

      (c) From all other sources.

      (3)(a) On or before September 30th of each year, the gambling commission shall determine, and shall promptly thereafter notify the office of treasurer of, the total and pro rata share of the amount of gambling that occurred within the external geographic boundaries of the state of Washington during the previous fiscal year attributable to:

      (i) Entities subject to RCW 67.70.340(3) or section 5(2) or 6(1) of this act; and

      (ii) Tribal governments located within the external geographic boundaries of the state of Washington.

      (b) For the purposes of this section, the "amount of gambling" means:

      (i) The "net receipts" of the state lottery, as defined in RCW 67.70.340(3);

      (ii) The "gross income of the business derived from contests of chance" of entities subject to tax under section 5(2) of this act;

      (iii) The "gross income of the business derived from parimutuel wagering" of entities subject to tax under section 6(1) of this act; and

      (iv) The gross income derived from the conduct of Class III gaming, as defined in the Indian gaming regulatory act, 25 U.S.C. Sec. 2701 et seq.

      (c) In computing the amount of gambling attributable to an entity with an annual fiscal reporting period that does not coincide with the state's fiscal year, the gambling commission may rely upon the report for the period which it determines best reflects the most current data available.

      (d) Determinations made by the state treasurer and the gambling commission are final and shall not be used to challenge the validity of any transfer requirement under RCW 67.70.340, or any tax imposed under section 5 or 6 of this act.

      (4) Each expenditure from the problem gambling account shall be credited:

      (a) First against the balance of receipts, payments, and deposits accounted for under subsection (2)(c) of this section, with the remaining amount of the expenditure, if any, credited

      (b) From balances of the (i) mandatory contributions to the problem gambling account; and the (ii) voluntary tribal contributions to the problem gambling account, as accounted for under subsection (2)(a) and (b) of this section, respectively on the same pro rata basis as determined in subsection (3)(a) of this section, as may be adjusted by the office of financial management under subsection (8) of this section, for the most recently completed fiscal year for which the pro rata basis has been determined.

      (5) No expenditure shall be made from the problem gambling account if the balance of either the (a) mandatory contributions to the problem gambling account; or the (b) voluntary tribal contributions to the problem gambling account, as accounted for under subsection (2)(a) and (b) of this section, respectively, is insufficient to fully pay for its respective pro rata share of expenditure after the reduction of the credit required under subsection (4)(a) of this section.

      (6) Within ninety days after the end of each fiscal year, the treasurer shall determine, and shall promptly thereafter notify the office of financial management of:

      (a) The balance, as of the first day of the most recently completed fiscal year, of the mandatory contributions portion of the problem gambling account, as accounted for under subsection (2)(a) of this section, net of all receipts, payments, deposits, and expenditures;


      (b) The gross total amount of the mandatory contributions received during the fiscal year by the problem gambling account, as accounted for under subsection (2)(a) of this section; and

      (c) The balance, as of the last day of the most recently completed fiscal year, of the mandatory contributions portion of the problem gambling account, as accounted for under subsection (2)(a) of this section, net of all receipts, payments, deposits, and expenditures.

      (7) The office of financial management shall promptly determine and report to the department of revenue and the lottery commission the ratio of:

      (a) The balance of the mandatory contributions portion of the problem gambling account as of the end of the most recent fiscal year, as determined under subsection (6)(c) of this section; to

      (b) The gross amount of mandatory contributions made available to the problem gambling account during the most recent fiscal year, which shall be calculated as the sum of the amounts determined under subsection (6)(a) and (b) of this section.

      (8) In computing the ratio required by subsection (7) of this section, the office of financial management may consider and adjust the balances reported by the treasurer under subsection (6) of this section, and the ratio determined by the gambling commission under subsection (3) of this section to reflect the monetary value of nonstate programs for the treatment of problem and pathological gambling as determined by the advisory committee, as provided under RCW 43.20A.890(4).

      Sec. 4. RCW 67.70.340 and 2002 c 349 s 3 are each amended to read as follows:

      (1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing state lottery ticket sales. The legislature further recognizes that the two funds most impacted by this potential event are the student achievement fund and the education construction account. Therefore, it is the intent of the legislature to use some of the proceeds from the shared game lottery to make up the difference that the potential state lottery revenue loss would have on the student achievement fund and the education construction account. The legislature further intends to use some of the proceeds from the shared game lottery to fund programs and services related to problem and pathological gambling.

      (2) The student achievement fund and the education construction account are expected to collectively receive one hundred two million dollars annually from state lottery games other than the shared game lottery. For fiscal year 2003 and thereafter, if the amount of lottery revenues earmarked for the student achievement fund and the education construction account ((are)) is less than one hundred two million dollars, the commission, after making the transfer required under subsection (3) of this section, must transfer sufficient moneys from revenues derived from the shared game lottery into the student achievement fund and the education construction account to bring the total revenue up to one hundred two million dollars. The funds transferred from the shared game lottery account under this subsection must be divided between the student achievement fund and the education construction account in a manner consistent with RCW 67.70.240(3).

      (3) ((For fiscal year 2003, the commission shall transfer from revenues derived from the shared game lottery to the violence reduction and drug enforcement account under RCW 69.50.520 five hundred thousand dollars exclusively for the treatment of pathological gambling as prescribed by RCW 67.70.350.)) (a) The commission shall transfer, from revenue derived from the shared game lottery, to the problem gambling account created in section 3 of this act, an amount equal to the percentage specified in (b) of this subsection of net receipts. For purposes of this subsection, "net receipts" means the difference between (i) revenue received from the sale of lottery tickets or shares and revenue received from the sale of shared game lottery tickets or shares; and (ii) the sum of payments made to winners.

      (b) In fiscal year 2006, the percentage to be transferred to the problem gambling account is one-tenth of one percent. Except as provided in (c) of this subsection, in fiscal year 2007 and subsequent fiscal years, the percentage to be transferred to the problem gambling account is thirteen one-hundredths of one percent.

      (c) If the ratio of the amount determined under section 3(7) of this act is greater than twenty percent, the percentage to be transferred to the problem gambling account during the calendar year beginning January 1st following the end of the fiscal year for which the ratio was determined shall be reduced by an amount equal to the amount otherwise due multiplied by the ratio determined under section 3(7) of this act.

      (4) The remaining net revenues, if any, in the shared game lottery account after the transfers pursuant to this section shall be deposited into the general fund."

      On page 5, beginning on line 13 of the amendment, strike all of section 6 and insert the following:

      "NEW SECTION. Sec. 6. A new section is added to chapter 82.04 RCW to read as follows:

      (1) Upon every person engaging within this state in the business of conducting race meets for the conduct of which a license must be secured from the Washington horse racing commission; as to such persons, the amount of tax with respect to the business of parimutuel wagering is equal to the gross income of the business derived from parimutuel wagering multiplied by the rate of 0.1 percent through June 30, 2006, and 0.13 percent thereafter. The money collected under this section shall be deposited in the problem gambling account created in section 3 of this act.

      (2) If the persons described in subsection (1) of this section receive income from sources other than those described in subsection (1) of this section or provide services other than those named in subsection (1) of this section, that income and those services are subject to tax as otherwise provided in this chapter.

      (3) For purposes of this section, "gross income of the business" does not include amounts paid to players for winning wagers, or taxes imposed or other distributions required under chapter 67.16 RCW.

      (4) The tax imposed under this section is in addition to any tax imposed under chapter 67.16 RCW."

      Beginning on page 6, line 28 of the amendment, strike all of section 9 and insert the following:

      "NEW SECTION. Sec. 9. A new section is added to chapter 82.04 RCW to read as follows:

      If the ratio of the amount determined under section 3(7) of this act is greater than twenty percent, a taxpayer required to pay the tax imposed under section 5(2) or 6(1) of this act, during the calendar year beginning January 1st following the end of the fiscal year for which the ratio was determined, shall be allowed to take a credit against the current tax due in an amount equal to the amount due multiplied by the ratio of the amount determined under section 3(7) of this act. The credit is nontransferable and may not be carried forward to any future tax period.

      Sec. 10. RCW 9.46.071 and 2003 c 75 s 1 are each amended to read as follows:

      (1) The legislature recognizes that some individuals in this state are problem or ((compulsive)) pathological gamblers. Because the state promotes and regulates gambling through the activities of the state lottery commission, the Washington horse racing commission, and the Washington state gambling commission, the state has the responsibility to continue to provide resources for the support of services for problem and ((compulsive)) pathological gamblers. Therefore, ((at a minimum,)) the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission shall jointly develop informational signs concerning problem and ((compulsive)) pathological gambling which include a toll-free hot line number for problem and ((compulsive)) pathological gamblers. The signs shall be placed in the establishments of gambling licensees, horse racing licensees, and lottery retailers. In addition, the Washington state gambling commission, the Washington horse racing commission, and the state lottery commission may also contract with other qualified entities to provide public awareness, training, treatment, and other services to ensure the intent of this section is fulfilled.

      (2) While section 5 of this act is in effect, the commission may not increase fees payable by licensees under its jurisdiction for the purpose of funding services for problem and compulsive gamblers, including but not limited to the program established under RCW 43.20A.890. Any fee imposed or increased by the commission, for the purpose described in this section, before the effective date of this section, shall have no force or effect after the effective date of this section."

      Renumber the remaining sections consecutively.

      Senator Honeyford spoke in favor of adoption of the amendment to the committee striking amendment.

      Senator Prentice spoke against adoption of the amendment to the committee striking 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

 

On motion of Senator Eide, Engrossed Substitute House Bill No. 1031 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640, by House Committee on Housing (originally sponsored by Representatives Morrell, Chase, Dunn, McCoy, O'Brien, Appleton and Lantz)

 

      Providing a dispute mechanism for manufactured/mobile home landlord and tenant disputes.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kastama moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that there are factors unique to the relationship between a manufactured/mobile homeowner and a manufactured/mobile home park owner. Once occupancy has commenced, the difficulty and expense in moving and relocating a manufactured/mobile home can affect the operation of market forces, and lead to an inequality of the bargaining position of the parties. Once occupancy has commenced, a homeowner may be subject to violations of the manufactured/mobile home landlord-tenant act or unfair practices without a timely and cost-effective conflict resolution process. Although a homeowner, landlord, or park owner may take legal action as prescribed in the manufactured/mobile home landlord-tenant act, the judicial process is often time and cost prohibitive. This act is created for the purpose of protecting the public, fostering fair and honest competition, and regulating the factors unique to the relationship between the manufactured/mobile homeowner and park owner.

      (2) The legislature finds that taking legal action against a park owner for violations of the manufactured/mobile home landlord-tenant act can be a costly and lengthy process, and that many people cannot afford to pursue a court process to vindicate statutory rights. Park owners similarly are impacted by legal fees and lengthy proceedings resulting from pursuing a remedy through the legal system and would also, therefore, benefit from having access to an appropriate, effective process that resolves disputes quickly and efficiently.

      (3) Therefore, it is the intent of the legislature to provide a less costly and more efficient way for manufactured/mobile homeowners and park owners to resolve disputes, and to provide a mechanism for state authorities to quickly locate owners of manufactured housing communities. The legislature further intends to authorize the department of community, trade, and economic development to:

      (a) Register mobile home parks or manufactured housing communities and report upon data to the appropriate committees of the legislature by December 31, 2005;

      (b) Expand its current ombudsman program by hiring or contracting with additional persons to conduct a greater number of investigations of alleged violations of the manufactured/mobile home landlord-tenant act; and

      (c) Collect and report upon data related to conflicts and violations to the appropriate committees of the legislature by December 31, 2005.

      (4) If after receiving the reports under subsection (3) of this section, the legislature finds that the provisions of this act authorizing the department to register mobile/manufactured home communities, investigate complaints, clarify existing law, and work to resolve disputes in good faith voluntarily prove insufficient to adequately protect the rights and responsibilities of mobile home park tenants and owners, it is the intent of the legislature to find other methods for resolution in the future.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this act unless the context requires otherwise.

      (1) "Department" means the department of community, trade, and economic development.

      (2) "Director" means the director of the department of community, trade, and economic development.

      (3) "Mobile home park" or "manufactured housing community" means any real property that is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of production of income, except when the real property is rented or held out for rent for seasonal recreational purposes only and is not intended for year-round occupancy.

      (4) "Landlord" or "park owner" means the owner of a mobile home park or a manufactured housing community and includes the agents of the landlord.

      (5) "Tenant" or "homeowner" means any person, except a transient, who rents or occupies a mobile home lot.

      (6) "Owner" means one or more persons, jointly or severally, in whom is vested:

      (a) All or part of the legal title to the real property; or

      (b) All or part of the beneficial ownership, and a right to present use and enjoyment of the real property.

      (7) "Unfair practice" means any act that would constitute an unfair or deceptive act or practice under chapter 19.86 RCW.

      (8) "Complainant" means a landlord, park owner, tenant, or homeowner, who has a complaint alleging an unfair practice or violation of chapter 59.20 RCW.

      (9) "Respondent" means a landlord, park owner, tenant, or homeowner, alleged to have committed an unfair practice or violation of chapter 59.20 RCW.

      NEW SECTION. Sec. 3. (1) A complainant shall have the right to file a complaint with the department alleging an unfair practice or a violation of chapter 59.20 RCW.

      (2) The complainant must provide written notice to the respondent prior to notifying the department of an alleged violation of chapter 59.20 RCW or unfair practice. If the complaint is not remedied within the time frame provided by RCW 59.20.080 for tenant violations or 59.20.200 for landlord violations, the complainant may then file a complaint with the department.

      (3) The department may:

      (a) Investigate the alleged violations at its discretion upon receipt of a complaint alleging unfair practices or violations of chapter 59.20 RCW;

      (b) Utilize investigative ombudsman staff or contractors to investigate and evaluate complaints alleging unfair practices or violations of chapter 59.20 RCW;

      (c) Discuss the issues surrounding or relating to the complaint with the complainant, respondent, or any witnesses, either individually or jointly;

      (d) Explain options available to the complainant or respondent, including the involvement of other agencies; and

      (e) Negotiate an agreement that is agreed upon by both the complainant and the respondent.

      (4) The department may require or permit any person to file a complaint or statement in writing or otherwise as the department determines, as to the facts and circumstances concerning a matter to be investigated.

      (5) The department has the power to employ investigative, administrative, and clerical staff as necessary for administration of this act.

      (6)(a) Complainants and respondents shall cooperate with the department in the course of an investigation by:

      (i) Furnishing any papers or documents requested;

      (ii) Furnishing in writing an explanation covering the matter contained in a complaint when requested by the department; and

      (iii) Allowing authorized access to department representatives for inspection of mobile home parks/manufactured housing community facilities relevant to the alleged violation being investigated.

      (b) Failure to cooperate with the department in the course of an investigation is a violation of this act.

      (7) After the department has completed its investigation and other duties, the department shall compile a written report documenting the process and resolution of the complaint investigation. Under no circumstances shall the department make or issue any finding, conclusion, decision, or ruling on whether there was a violation of chapter 59.20 or 19.86 RCW.

      (8) By December 31, 2005, the department shall submit a summary report of its activities under this act during the period after the effective date of this act, through December 31, 2005, to the house of representatives housing committee and the senate committee on financial institutions, housing and consumer protection, including:

      (a) The number of complaints received;

      (b) The nature and extent of the complaints received;

      (c) The actions taken on each complaint by the department;

      (d) Recommendations on what further changes in law are necessary to resolve disputes;

      (e) Recommendations on changes to the department's ombudsman and investigative programs;

      (f) Recommendations on resources necessary to retain or improve the program; and

      (g) Recommendations on whether a formal mobile/manufactured home landlord-tenant act enforcement and administrative hearing process should be adopted and how such a process should be structured.

      (9) The department shall ensure that notice of the ombudsman complaint resolution program is given to each mobile/manufactured home landlord or park owner and each mobile home unit owner or tenant. The landlord shall post an easily visible notice in all common areas of mobile/manufactured home communities, including in each clubhouse, summarizing mobile home park tenant rights and responsibilities, in a style and format to be determined by the department, and including a toll-free telephone number that mobile home park owners and tenants can use to seek additional information and communicate complaints.

      (10) This section is not exclusive and does not limit the right of landlords or tenants to take legal action against another party as provided in chapter 59.20 RCW or otherwise. Exhaustion of this ombudsman remedy process is not required before bringing legal action. This act is not subject to chapter 34.05 RCW. This section does not apply to unlawful detainer actions initiated under chapters 59.20, 59.12, and 59.18 RCW; however, a tenant is not precluded from seeking relief under this act if the complaint claims the notice of termination violates RCW 59.20.080. Filing a complaint with the department is not a defense nor shall it in any way delay or otherwise affect an unlawful detainer action. Department-written reports documenting the process and resolution of the complaint investigation, any written explanation covering the matter requested by the department, any other documents or papers requested or produced by the department, or any other record of the complaint may be admissible only for purposes of impeachment in any unlawful detainer or other administrative or legal action in regard to chapter 59.20 RCW.

      NEW SECTION. Sec. 4. The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based upon any disciplinary actions or other official acts performed in the course of their duties under this act, except their intentional or willful misconduct.

      NEW SECTION. Sec. 5. (1) All mobile home parks and manufactured housing communities must be registered with the department.

      (2) To apply for registration, the owner of a mobile home park or manufactured housing community must file with the department an application for registration on a form prescribed by the department. The application must include, but is not limited to:

      (a) The name and address of the owner of the mobile home park or manufactured housing community;

      (b) The name and address of the mobile home park or manufactured housing community;

      (c) The name and address of the manager of the mobile home park or manufactured housing community; and

      (d) The number of lots within the mobile home park or manufactured housing community that are subject to chapter 59.20 RCW.

      (3) Certificates of registration are effective on the date issued by the department.

      NEW SECTION. Sec. 6. The department must:

      (1) Compile the most accurate list possible of all the mobile home parks or manufactured housing communities in the state, the number of lots subject to chapter 59.20 RCW located in each mobile home park or manufactured housing community, and the names and addresses of the owners of these parks. The department shall present this list to the house of representatives housing committee and the senate committee on financial institutions, housing and consumer protection by December 31, 2005. The department is encouraged to work with groups including, but not limited to: The office of community development, mobile homeowners' associations, tenant advocacy groups, park owners' associations, and county assessors to generate the list;

      (2) Send out notifications to all known mobile home park owners or manufactured housing community owners regarding the due date of the assessment pursuant to section 7 of this act. These notifications must include information about late fees and passing costs on to tenants; and

      (3) Collect the registration assessment due from all mobile home park owners or manufactured housing community owners, and allow ninety days to pass before sending notices of late fees to noncomplying owners as provided in this act.

      NEW SECTION. Sec. 7. (1) The owner of each mobile home park or manufactured housing community shall pay to the department a registration assessment of five dollars for each mobile home or manufactured home that is subject to chapter 59.20 RCW within a park or community to fund the costs associated with administering this act. Manufactured housing community owners or mobile home park owners may pass on no more than two dollars and fifty cents of this assessment to tenants.

      (2) If an owner fails to pay the assessment before the registration expiration date, a late fee shall be assessed at the prevailing interest rate for superior court civil judgments for each mobile home or manufactured home that is subject to chapter 59.20 RCW. The owner is not entitled to any reimbursement of this fee from the tenants.

      NEW SECTION. Sec. 8. The manufactured/mobile home investigations account is created in the custody of the state treasurer. All receipts from assessments and fees collected under section 7 of this act must be deposited into the account. Expenditures from the account may be used only for the costs associated with administering this act. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

      Sec. 9. RCW 59.22.050 and 1991 c 327 s 3 are each amended to read as follows:

      (1) In order to provide general assistance to mobile home resident organizations, park owners, and landlords and tenants, the department shall establish an office of mobile home affairs which will serve as the coordinating office within state government for matters relating to mobile homes or manufactured housing.

      This office will provide an ombudsman service to mobile home park owners and mobile home tenants with respect to problems and disputes between park owners and park residents and to provide technical assistance to resident organizations or persons in the process of forming a resident organization pursuant to chapter 59.22 RCW. The office will keep records of its activities in this area.

      (2) The office shall perform all the consumer complaint and related functions of the state administrative agency that are required for purposes of complying with this chapter and the regulations established by the federal department of housing and urban development for manufactured housing, including the preparation and submission of the state administrative plan.

      (3) The office shall administer the mobile/manufactured home community registration program including the collection of assessments, associated late fees, and the compilation of data related to the number of communities and number of lots within the community that are subject to chapter 59.20 RCW.

      (4) The office shall administer the mobile home relocation assistance program established in chapter 59.21 RCW, including verifying the eligibility of tenants for relocation assistance.

      NEW SECTION. Sec. 10. Any amount assessed under section 7(2) of this act that remains uncollected on December 31, 2005, shall be collected under the terms of section 7 of this act as it existed before December 31, 2005.

      NEW SECTION. Sec. 11. 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.

      NEW SECTION. Sec. 12. Except for sections 10 and 13 of this act, this act expires December 31, 2005.

      NEW SECTION. Sec. 13. Beginning in January 2006, the state treasurer shall transfer any funds remaining in the manufactured/mobile home investigations account under section 8 of this act to the mobile home affairs account under RCW 59.22.070 for the purposes under RCW 59.22.050. All funds collected by the department under section 10 of this act shall be transferred to the state treasurer for deposit into the mobile home affairs account."

      Senator Kastama spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Engrossed Substitute House Bill No. 1640.

      The motion by Senator Kastama carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

On motion of Senator Regala, Senator Rasmussen was excused.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "disputes;" strike the remainder of the title and insert "amending RCW 59.22.050; creating new sections; providing an expiration date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Kastama, the rules were suspended, Engrossed Substitute House Bill No. 1640, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kastama and Benton spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Regala, Senators Rasmussen, Haugen and Brown were excused.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1640 as amended by the Senate.

 

MOTION

 

On motion of Senator Honeyford, Senator Swecker was excused.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1640, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Thibaudeau, Weinstein and Zarelli - 44

      Excused: Senators Brown, Haugen, Mulliken, Rasmussen and Swecker- 5

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1640, as amended by the Senate, 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

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1062, by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Hudgins and Chase)

 

      Regulating the energy efficiency of certain products.

 

      The measure was read the second time.

 

MOTION

 

      Senator Rockefeller moved that the following committee striking amendment by the Committee on Water, Energy & Environment be adopted.


      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that:

      (1) According to estimates of the department of community, trade, and economic development, the efficiency standards set forth in this act will save nine hundred thousand megawatt-hours of electricity, thirteen million therms of natural gas, and one billion seven hundred million gallons of water in the year 2020, fourteen years after the standards have become effective, with a total net present value to buyers of four hundred ninety million dollars in 2020.

      (2) Efficiency standards for certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels thus saving money on utility bills.

      (3) Efficiency standards save energy and reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.

      (4) Efficiency standards contribute to the economy of Washington by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy, since energy bill savings can be spent on local goods and services.

      (5) Efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades.

      NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Automatic commercial ice cube machine" means a factory-made assembly, not necessarily shipped in one package, consisting of a condensing unit and ice-making section operating as an integrated unit with means for making and harvesting ice cubes. It may also include integrated components for storing or dispensing ice, or both.

      (2) "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions, such as voltage, current, and waveform, for starting and operating the lamp.

      (3) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes washer that: (a) Has a clothes container compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet in the case of a vertical-axis product; and (b) is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries.

      (4) "Commercial prerinse spray valve" means a handheld device designed and marketed for use with commercial dishwashing and warewashing equipment and that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning.

      (5)(a) "Commercial refrigerators and freezers" means refrigerators, freezers, or refrigerator-freezers designed for use by commercial or institutional facilities for the purpose of storing or merchandising food products, beverages, or ice at specified temperatures that: (i) Incorporate most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet; and (ii) may be configured with either solid or transparent doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet, or roll-through cabinet.

      (b) "Commercial refrigerators and freezers" does not include: (i) Products with 85 cubic feet or more of internal volume; (ii) walk-in refrigerators or freezers; (iii) consumer products that are federally regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products without doors; or (v) freezers specifically designed for ice cream.

      (6) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

      (7) "Department" means the department of community, trade, and economic development.

      (8) "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

      (9) "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place to identify a building exit and consists of an electrically powered integral light source that illuminates the legend "EXIT" and any directional indicators and provides contrast between the legend, any directional indicators, and the background.

      (10)(a) "Low-voltage dry-type distribution transformer" means a distribution transformer that: (i) Has an input voltage of 600 volts or less; (ii) is air cooled; (iii) does not use oil as a coolant; and (iv) is rated for operation at a frequency of 60 hertz.

      (b) "Low-voltage dry-type transformer" does not include: (i) Transformers with multiple voltage taps, with the highest voltage tap equaling at least twenty percent more than the lowest voltage tap; or (ii) transformers, such as those commonly known as drive transformers, rectifier transformers, auto transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special purpose application and are unlikely to be used in general purpose applications.

      (11) "Metal halide lamp" means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

      (12) "Metal halide lamp fixture" means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

      (13) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

      (14) "Probe-start metal halide ballast" means a ballast used to operate metal halide lamps which does not contain an igniter and which instead starts lamps by using a third starting electrode "probe" in the arc tube.

      (15) "Reach-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors or lids, but does not include roll-in or roll-through cabinets or pass-through cabinets.

      (16)(a) "Roll-in cabinet" means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the unit.

      (b) "Roll-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on two sides of the cabinet that allow wheeled racks of product to be rolled through the unit.

      (17)(a) "Single-voltage external AC to DC power supply" means a device that: (i) Is designed to convert line voltage alternating current input into lower voltage direct current output; (ii) is able to convert to only one DC output voltage at a time; (iii) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load; (iv) is contained within a separate physical enclosure from the end-use product; (v) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and (vi) has a nameplate output power less than or equal to 250 watts.


      (b) "Single-voltage external AC to DC power supply" does not include: (i) Products with batteries or battery packs that physically attach directly to the power supply unit; (ii) products with a battery chemistry or type selector switch and indicator light; or (iii) products with a battery chemistry or type selector switch and a state of charge meter.

      (18) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that falls into one of the following categories:

      (a) A bulged reflector or elliptical reflector bulb shape and which has a diameter which equals or exceeds 2.25 inches;

      (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.

      (19) "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. "Torchiere" may include downward directed lamps in addition to the upward, indirect illumination.

      (20) "Traffic signal module" means a standard (a) 8-inch or 200 mm or (b) 12-inch or 300 mm traffic signal indication, consisting of a light source, a lens, and all other parts necessary for operation.

      (21) "Transformer" means a device consisting of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.

      (22)(a) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space.

      (b) "Unit heater" does not include any products covered by federal standards established pursuant to 42 U.S.C. Sec. 6291 et seq. or any product that is a direct vent, forced flue heater with a sealed combustion burner.

      NEW SECTION. Sec. 3. (1) This chapter applies to the following types of new products sold, offered for sale, or installed in the state: (a) Automatic commercial ice cube machines; (b) commercial clothes washers; (c) commercial prerinse spray valves; (d) commercial refrigerators and freezers; (e) illuminated exit signs; (f) low-voltage dry-type distribution transformers; (g) metal halide lamp fixtures; (h) single-voltage external AC to DC power supplies; (i) state-regulated incandescent reflector lamps; (j) torchieres; (k) traffic signal modules; and (l) unit heaters. This chapter applies equally to products whether they are sold, offered for sale, or installed as a stand-alone product or as a component of another product.

      (2) This chapter does not apply to (a) new products manufactured in the state and sold outside the state, (b) new products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state, (c) products installed in mobile manufactured homes at the time of construction or (d) products designed expressly for installation and use in recreational vehicles.

      NEW SECTION. Sec. 4. The legislature establishes the following minimum efficiency standards for the types of new products set forth in section 3 of this act.

      (1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table:

 

Equipment type

Type of cooling

Harvest rate

(lbs. ice/24 hrs.)

Maximum

energy use

(kWh/100 lbs.)

Maximum condenser

water use

(gallons/100 lbs. ice)

Ice-making head

water

<500

7.80 - .0055H

200 - .022H

>=500<1436

5.58 - .0011H

200 - .022H

>=1436

4.0

200 - .022H

Ice-making head

air

450

10.26 - .0086H

Not applicable

>=450

6.89 - .0011H

Not applicable

Remote condensing but not remote compressor

air

<1000

8.85 - .0038

Not applicable

>=1000

5.10

Not applicable

Remote condensing and remote compressor

air

<934

8.85 - .0038H

Not applicable

>=934

5.3

Not applicable

Self-contained models

water

<200

11.40 - .0190H

191 - .0315H

>=200

7.60

191 - .0315H

Self-contained models

air

<175

18.0 - .0469H

Not applicable

>=175

9.80

Not applicable

Where H = harvest rate in pounds per twenty-four hours which must be reported within 5% of the tested value. "Maximum water use" applies only to water used for the condenser.

    (b) For purposes of this section, automatic commercial ice cube machines shall be tested in accordance with ARI 810-2003 test method as published by the air-conditioning and refrigeration institute. Ice-making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003.

    (2) Commercial clothes washers must have a minimum modified energy factor of 1.26. For the purposes of this section, capacity and modified energy factor are defined and measured in accordance with the current federal test method for clothes washers as found at 10 C.F.R. Sec. 430.23.

    (3) Commercial prerinse spray valves must have a flow rate equal to or less than 1.6 gallons per minute when measured in accordance with the American society for testing and materials' "Standard Test Method for Prerinse Spray Valves," ASTM F2324-03.

    (4)(a) Commercial refrigerators and freezers must meet the applicable requirements listed in the following table:

Equipment Type

Doors

Maximum Daily Energy Consumption (kWh)

Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators

Solid

0.10V + 2.04

Transparent

0.12V + 3.34

Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are "pulldown" refrigerators

Transparent

.126V + 3.51

Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers

Solid

0.40V + 1.38

Transparent

0.75V + 4.10

Reach-in cabinets that are refrigerator-freezers with an AV of 5.19 or higher

Solid

0.27AV - 0.71

kWh = kilowatt hours

V = total volume (ft3)

AV = adjusted volume = [1.63 x freezer volume (ft3)] + refrigerator volume (ft3)

    (b) For purposes of this section, "pulldown" designates products designed to take a fully stocked refrigerator with beverages at 90 degrees F and cool those beverages to a stable temperature of 38 degrees F within 12 hours or less. Daily energy consumption shall be measured in accordance with the American national standards institute/American society of heating, refrigerating and air-conditioning engineers test method 117-2002, except that the back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test, and except that the controls of all appliances must be adjusted to obtain the following product temperatures.

Product or compartment type

Integrated average product temperature in degrees Fahrenheit

Refrigerator

38 + 2

Freezer

0 + 2

    (5) Illuminated exit signs must have an input power demand of five watts or less per illuminated face. For the purposes of this section, input power demand is measured in accordance with the United States environmental protection agency's energy star exit sign program's conditions for testing, version 3.0. Illuminated exit signs must meet all applicable building and safety codes.

    (6)(a) Low-voltage dry-type distribution transformers shall have efficiencies not less than the applicable values in the following table when tested at thirty-five percent of the rated output power:

Single Phase

Three Phase

Rated power output in

kVa

Minimum

efficiency %

Rated power output in

kVa

Minimum

efficiency %

> 15                                     <25

97.7

> 15                             <30

97.0

> 25                                  <37.5

98.0

> 30                             <45

97.5

> 37.5                                  <50

98.2

> 45                             <75

97.7

> 50                                     <75

98.3

> 75                        <112.5

98.0

> 75                                   <100

98.5

> 112.5                      <150

98.2

> 100                                 <167

98.6

> 150                         <225

98.3

> 167                                 <250

98.7

> 225                         <300

98.5

> 250                                 <333

98.8

> 300                         <500

98.6

333

98.9

> 500                         <750

98.7

--

--

> 750                       <1000

98.8

--

--

1000

98.9

kVa = kilovolt amperes

    (b) For the purposes of this section, low-voltage dry-type distribution transformer efficiency is measured in accordance with the national electrical manufacturers association TP 2-1998 test method.

    (7) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide lamp ballast.

    (8)(a) Single-voltage external AC to DC power supplies shall meet the requirements in the following table:

Nameplate output

Minimum Efficiency in Active Mode

< 1 Watt

0.49 * Nameplate Output

> or = 1 Watt and < or = 49 Watts

0.09 * Ln (Nameplate Output) + 0.49

> 49 Watts

0.84

 

Maximum Energy Consumption in No-Load Mode

< 10 Watts

0.5 Watts

> or = 10 Watts and < or = 250 Watts

0.75 Watts

Where Ln (Nameplate Output) - Natural Logarithm of the nameplate output expressed in Watts

    (b) For the purposes of this section, efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with the United States environmental protection agency's "Test Method for Calculating the Energy Efficiency of Single-Voltage External AC to DC and AC to AC Power Supplies", by Ecos Consulting and Power Electronics Application Center, dated August 11, 2004.

    (9)(a) State-regulated incandescent reflector lamps that are not 50 watt elliptical reflector lamps must meet the minimum efficacies in the following table:

Wattage

Minimum average lamp efficacy (lumens per watt)

40 - 50

10.5

51 - 66

11.0

67 - 85

12.5

86 - 115

14.0

116 - 155

14.5

156 - 205

15.0

 

    (b) Lamp efficacy must be measured in accordance with the applicable federal test method as found at 10 C.F.R. Sec. 430.23.

    (10) Torchieres may not use more than 190 watts. A torchiere is deemed to use more than 190 watts if any commercially available lamp or combination of lamps can be inserted in a socket and cause the torchiere to draw more than 190 watts when operated at full brightness.

    (11)(a) Traffic signal modules must have maximum and nominal wattage that do not exceed the applicable values in the following table:

Module Type

Maximum Wattage (at 74ºC)

Nominal Wattage (at 25ºC)

12" red ball (or 300 mm circular)

17

11

8" red ball (or 200 mm circular)

13

8

12" red arrow (or 300 mm arrow)

12

9

 

12" green ball (or 300 mm circular)

15

15

8" green ball (or 200 mm circular)

12

12

12" green arrow (or 300 mm arrow)

11

11

mm = millimeter

 

    (b) For the purposes of this section, maximum wattage and nominal wattage must be measured in accordance with and under the testing conditions specified by the institute for transportation engineers "Interim LED Purchase Specification, Vehicle Traffic Control Signal Heads, Part 2: Light Emitting Diode Vehicle Traffic Signal Modules."

    (12) Unit heaters must be equipped with intermittent ignition devices and must have either power venting or an automatic flue damper.

    NEW SECTION. Sec. 5. (1) On or after January 1, 2007, no new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, illuminated exit sign, low-voltage dry-type distribution transformer, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, or unit heater may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in section 4 of this act. On or after January 1, 2008, no new automatic commercial ice cube machine or metal halide lamp fixtures may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in section 4 of this act.

    (2) On or after January 1, 2008, no new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, illuminated exit sign, low-voltage dry-type distribution transformer, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, or unit heater may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in section 4 of this act. On or after January 1, 2009, no new automatic commercial ice cube machine or metal halide lamp fixtures may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in section 4 of this act.

    (3) Standards for metal halide lamp fixtures and state-regulated incandescent reflector lamps are effective on the dates in subsections (1) and (2) of this section.

    NEW SECTION. Sec. 6. The department may recommend updates to the energy efficiency standards and test methods for products listed in section 3 of this act. The department may also recommend establishing state standards for additional nonfederally covered products. In making its recommendations, the department shall use the following criteria: (1) Multiple manufacturers produce products that meet the proposed standard at the time of recommendation, (2) products meeting the proposed standard are available at the time of recommendation, (3) the products are cost-effective to consumers on a life-cycle cost basis using average Washington resource rates, (4) the utility of the energy efficient product meets or exceeds the utility of the comparable product available for purchase, and (5) the standard exists in at least two other states in the United States. For recommendations concerning commercial clothes washers, the department must also consider the fiscal effects on the low-income, elderly, and student populations. Any recommendations shall be transmitted to the appropriate committees of the legislature sixty days before the start of any regular legislative session.

   NEW SECTION. Sec. 7. (1) The manufacturers of products covered by this chapter must test samples of their products in accordance with the test procedures under this chapter or those specified in the state building code.

   (2) Manufacturers of new products covered by section 3 of this act, except for single-voltage external AC to DC power supplies, shall certify to the department that the products are in compliance with this chapter. This certification must be based on test results unless this chapter does not specify a test method. The department shall establish rules governing the certification of these products and may coordinate with the certification programs of other states and federal agencies with similar standards.

   (3) Manufacturers of new products covered by section 3 of this act shall identify each product offered for sale or installation in the state as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of these products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.

   (4) The department may test products covered by section 3 of this act. If products so tested are found not to be in compliance with the minimum efficiency standards established under section 4 of this act, the department shall: (a) Charge the manufacturer of the product for the cost of product purchase and testing; and (b) make information available to the public on products found not to be in compliance with the standards.

    (5) The department shall obtain in paper form the test methods specified in section 4 of this act, which shall be available for public use at the department's energy policy offices.

    (6) The department shall investigate complaints received concerning violations of this chapter. Any manufacturer or distributor who violates this chapter shall be issued a warning by the director of the department for any first violation. Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day. Penalties assessed under this subsection are in addition to costs assessed under subsection (4) of this section.

    (7) The department may adopt rules as necessary to ensure the proper implementation and enforcement of this chapter.

    (8) The proceedings relating to this chapter are governed by the administrative procedure act, chapter 34.05 RCW.

    NEW SECTION. Sec. 8. 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. 9. Sections 1 through 8 of this act constitute a new chapter in Title 19 RCW."

    Senators Rockefeller and Morton spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Water, Energy & Environment to Engrossed Substitute House Bill No. 1062.

      The motion by Senator Rockefeller carried and the committee 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 "efficiency;" strike the remainder of the title and insert "adding a new chapter to Title 19 RCW; and prescribing penalties."

 

MOTION

 

      On motion of Senator Rockefeller, the rules were suspended, Engrossed Substitute House Bill No. 1062, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Rockefeller spoke in favor of passage of the bill.

      Senator Hewitt spoke against passage of the bill.

 

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1062, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1062, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 34

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Delvin, Hewitt, Honeyford, McCaslin, Mulliken, Parlette, Pflug, Schoesler, Sheldon, Stevens and Zarelli - 15

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1062, as amended by the Senate, 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

 

      SUBSTITUTE HOUSE BILL NO. 1408, by House Committee on Appropriations (originally sponsored by Representatives Pettigrew, Hinkle, Morrell, Jarrett, Darneille, McDonald, B. Sullivan, Kagi, Skinner, Schual-Berke, Chase, McIntire, McCoy, Hasegawa, Upthegrove, Ormsby, Woods, Miloscia, P. Sullivan, Santos and Simpson)

 

      Creating an individual development account program.

 

      The measure was read the second time.

 

MOTION

 

On motion of Senator Eide, Substitute House Bill No. 1408 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1387, by House Committee on Transportation (originally sponsored by Representatives Nixon, Flannigan, Dickerson, Shabro, Wood, Springer, Appleton, Murray, Hudgins, Upthegrove, Schual-Berke, Moeller, Campbell, Hunter, Kagi, Clibborn and Darneille)

 

      Providing investigative and corrective action procedures for state patrol officers involved in vehicle accidents.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Finkbeiner, the rules were suspended, Substitute House Bill No. 1387 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Finkbeiner and Haugen spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1387.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1387 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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 - 49

      SUBSTITUTE HOUSE BILL NO. 1387, 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

 

      HOUSE BILL NO. 1554, by Representatives Morrell, Buri, Grant, Holmquist, Newhouse, McDonald, Conway, Blake, Quall, Linville and Miloscia

 

      Clarifying the definition of "farm and agricultural land" for purposes of current use property taxation.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Rasmussen, the rules were suspended, House Bill No. 1554 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.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1554.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1554 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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 - 49

      HOUSE BILL NO. 1554, 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

 

      SUBSTITUTE HOUSE BILL NO. 1379, by House Committee on Appropriations (originally sponsored by Representatives Grant, Armstrong, Springer, Hinkle, Fromhold, Walsh, Upthegrove, Bailey, Clibborn, Chase and Simpson)

 

      Requiring the liquor control board to implement a retail business plan to improve efficiency and increase revenue.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kohl-Welles moved that the following committee striking amendment by the Committee on Ways & Means be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 66.08 RCW to read as follows:

      The board shall, consistent with, and in addition to, the existing retail business plan, implement strategies to improve the efficiency of retail sales operations and maximize revenue-generating opportunities. Strategies to be implemented shall include, but are not limited to:

      (1) Expanding store operations to include Sunday sales in selected liquor stores. Sunday sales are optional for liquor vendors operating agency stores;

      (2) Implementing a plan of in-store liquor merchandising, including point-of-sale advertising, and product specific point-of-sale promotional displays and carousels, including displays designed and provided by vendors; and

      (3) Implementing a plan for in-store liquor merchandising of brands. The plan may not include provisions for selling liquor-related items other than those items previously authorized.

      NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:

      By September 1, 2005, the board shall expand operations in at least twenty state-operated retail stores to include Sundays. The board shall select the stores that are expected to gross the most revenues on Sunday by considering factors including, but not limited to, population density, proximity to shopping centers, and proximity to other businesses that are open on Sunday. The selected stores shall be open for retail business a minimum of five hours on Sunday. In implementing this program, if the board determines it would be beneficial to retain a consultant to assist the board in determining appropriate stores for the program and monitoring the results of the program, the agency is authorized to do so. The board shall track gross sales and expenses of the selected stores and compare them to previous years' sales and projected sales and expenses before opening on Sunday. The board shall also examine the sales of state and contract liquor stores in proximity to those stores opened on Sundays to determine whether Sunday openings has reduced the sales of other state and contract liquor stores that are not open on Sundays. The board shall present this information to the appropriate policy and fiscal committees of the legislature by January 31, 2007.

      Sec. 3. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:

      (1) The board shall not advertise liquor in any form or through any medium whatsoever.

      (2) In-store liquor merchandising is not advertising for the purposes of this section.

      (3) The board shall have power to adopt any and all reasonable ((regulations)) rules as to the kind, character, and location of advertising of liquor.

      NEW SECTION. Sec. 4. A new section is added to chapter 66.08 RCW to read as follows:

      (1) Before the board determines which state liquor stores will be open on Sundays, it shall give: (a) Due consideration to the location of the liquor store with respect to the proximity of places of worship, schools, and public institutions; (b) due consideration to motor vehicle accident data in the proximity of the liquor store; and (c) written notice by certified mail of the proposed Sunday opening, including proposed Sunday opening hours, to places of worship, schools, and public institutions within five hundred feet of the liquor store proposed to be open on Sunday.

      (2) Before permitting an agency vendor liquor store to open for business on Sunday, the board must meet the due consideration and written notice requirements established in subsection (1) of this section.

      (3) For the purpose of this section, "place of worship" means a building erected for and used exclusively for religious worship and schooling or other related religious activity.

      NEW SECTION. Sec. 5. A new section is added to chapter 66.16 RCW to read as follows:

      Employees in state liquor stores, including agency vendor liquor stores, may not be required to work on their Sabbath for the purpose of selling liquor if doing so would violate their religious beliefs.

      NEW SECTION. Sec. 6. RCW 66.16.080 (Sunday closing) and 1988 c 101 s 1 & 1933 ex.s. c 62 s 11 are each repealed.

      NEW SECTION. Sec. 7. 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."

      Senator Kohl-Welles spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means to Substitute House Bill No. 1379.

      The motion by Senator Kohl-Welles carried and the committee 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 "plan;" strike the remainder of the title and insert "amending RCW 66.08.060; adding new sections to chapter 66.08 RCW; adding a new section to chapter 66.16 RCW; and repealing RCW 66.16.080."

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1379, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles, Hewitt, Schoesler, Delvin and Deccio spoke in favor of passage of the bill.

      Senators Benson, Rasmussen, McCaslin, Keiser, Oke, Stevens and Shin 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?”

      The motion by Senator Jacobsen that the previous question be put carried by voice vote.

 

PARLIAMENTARY INQUIRY

 

Senator Stevens: “In accordance with Article II, Section 24, does the House Bill No. 1379, Liquor Control Board implementing retail business plan take an effective vote, on sixty percent affirmative vote, of the Senate? The legislation repeals or temporarily repeals all stores from being open on Sunday. If House Bill No. 1379 passes all one-hundred and fifty-four contract liquor stores and additional tribal stores will now have the option to open up on Sunday, therefore expanding lottery outlets on Sunday. This legislation will expand lottery outlets on Sunday to potentially one-hundred fifty-four contract liquor and additional tribal stores thus expanding gambling.”

 

      Senator Prentice spoke against the point of parliamentary inquiry.

 

MOTION

 

On motion of Senator Eide, Substitute House Bill No. 1379 was deferred and the bill held its place on the third reading calendar.

 

MOTION

 

On motion of Senator Thibaudeau, Senator Prentice was excused.

 

      The Senate resumed consideration of Substitute House Bill No. 1408 which had been deferred earlier in the day.

 

MOTION

 

      Senator Shin moved that the following committee amendment by the Committee on International Trade & Economic Development be adopted.


      On page 4, line 3, after "individual" strike "may" and insert "participating in the program must"

      On page 4, line 4, after "account" strike "such amounts as are" and insert "."

      On page 4, line 4, after "are" insert "The contributions may be"

      Senator Shin spoke in favor of adoption of the committee amendment.

 

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on International Trade & Economic Development to Substitute House Bill No. 1408.

      The motion by Senator Shin carried and the committee amendment was adopted by voice vote.

 

MOTION

 

      Senator Shin moved that the following committee amendment by the Committee on International Trade & Economic Development be adopted.

      On page 5, line 20, after "youth" strike "may" and insert "participating in the program must"

      On page 5, line 21, after "account" strike "such amounts as are" and insert "."

      On page 5, line 21, after "are" insert "The contributions may be"

      Senator Shin spoke in favor of adoption of the committee amendment.

 

      The President declared the question before the Senate to be the adoption of the committee amendment by the Committee on International Trade & Economic Development to Substitute House Bill No. 1408.

      The motion by Senator Shin carried and the committee amendment was adopted by voice vote.

 

MOTION

 

      On motion of Senator Shin, the rules were suspended, Substitute House Bill No. 1408, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Shin and Pflug spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Esser, Senator Hewitt was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1408, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1408, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Honeyford, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 44

      Absent: Senators Kastama, McAuliffe and Rockefeller - 3

      Excused: Senators Hewitt and Prentice - 2

      SUBSTITUTE HOUSE BILL NO. 1408, as amended by the Senate, 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

 

      HOUSE BILL NO. 1837, by Representatives Rodne, Lantz, McDonald, Moeller, Dickerson, Priest, Curtis, Morris, Woods, Shabro, Hasegawa, Kagi and Kenney

 

      Providing for child witnesses.

 

      The measure was read the second time.

 

MOTION

 

Senator Johnson moved that the following amendment by Senators Johnson and Kline be adopted.

      On page 5, beginning on line 7, after "(11)" strike all material through "appropriate." on line 10, and insert "Nothing in this section precludes the court, under other circumstances arising under subsection (1)(a) of this section, from allowing a child to testify outside the presence of the defendant and the jury so long as the testimony is presented in accordance with the standards and procedures required in this section."

      Senator Johnson 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 Johnson and Kline on page 5, line 7 to House Bill No. 1837.

The motion by Senator Johnson carried and the amendment was adopted by voice vote.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, House Bill No. 1837, as amended by the Senate 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.

MOTION

 

On motion of Senator Esser, Senator Oke was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1837, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1837, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Oke - 1

      HOUSE BILL NO. 1837, as amended by the Senate, 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.

 

RULING BY THE PRESIDENT

 

      President Owen: “In ruling upon the point of order raised by Senator Stevens that House Bill 1379 is an expansion of gambling that requires a sixty percent vote under Article II, Section 24 of the Washington Constitution, the President finds and rules as follows:

      This measure would allow some Sunday sales in certain liquor stores and permit in-store liquor merchandising. Senator Stevens’ argument essentially is that, because some of these stores may sell lottery tickets, allowing sales of liquor on Sunday at these stores would expand gambling. The President is not persuaded by this argument for two reasons.

      First, many of the contract stores are already open on Sundays, able to sell all merchandise—including lottery tickets—except liquor. Adding liquor sales to Sunday for these stores therefore has no impact on the sales of lottery tickets in these stores.

      Second, the statutory scheme authorizing lottery sales already allows for the regulation of times, types, and locations of lottery outlets. Thus, the question as to limitations on the time and place of lottery sales has already been set by law, and the bill before us does nothing to change this. For these reasons, Senator Stevens’ point is not well-taken and the bill takes only a simple majority for final passage.”

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1379, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1379, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.

      Voting yea: Senators Berkey, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Fraser, Hargrove, Hewitt, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Pflug, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Thibaudeau and Weinstein - 31

      Voting nay: Senators Benson, Benton, Brandland, Franklin, Haugen, Honeyford, Johnson, McCaslin, Morton, Mulliken, Parlette, Rasmussen, Roach, Shin, Stevens, Swecker and Zarelli - 17

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 1379, as amended by the Senate, 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.

 

STATEMENT FOR THE JOURNAL

 

      The Senate Journal reflects that I voted “Yes” on Substitute House Bill No. 1379. I voted “Yes” on this bill by mistake. I was being interviewed by telephone during the roll call and inadvertently voted “yes.” I oppose the principal of increased liquor sales, specifically, sales of liquor on Sunday.

      Again, I oppose Substitute House Bill 1379 and should have voted no on final passage of the bill.

 

SENATOR JIM HARGROVE, Legislative District 24

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1918, by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Wood and Chase)

 

      Implementing a recommendation of the joint legislative audit and review committee with regard to industrial insurance.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1918 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1918.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1918 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 3; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 45

      Absent: Senators Brandland, Brown and Kline - 3

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 1918, 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

 

      SUBSTITUTE HOUSE BILL NO. 1512, by House Committee on Health Care (originally sponsored by Representatives Morrell, Clibborn, Moeller, Cody, Green, Appleton, Roberts, Sommers, Blake, Schual-Berke, Flannigan, Sells, Kenney and Kagi)

 

      Concerning improving the quality of care in state-purchased health care programs.

 

      The measure was read the second time.

 

MOTION

 

Senator Keiser moved that the following amendment by Senator Keiser be adopted.

      On page 2, line 36, after "care" insert "facilities,"

      On page 3, line 1, after "entities" insert ", health care facilities,"

      On page 3, line 6 after "entities" insert ", health care facilities,"

      On page 5, line 15, after "care" insert "facilities,"

      On page 5, line 18, after "entities" insert ", health care facilities,"

      On page 5, line 22 after "entities" insert ", health care facilities,"

      On page 5, line 30 after "health care" insert "facilities,"

      On page 5, line 32 after "entities" insert ", health care facilities,"

      On page 6, line 1, after "entities" insert ", health care facilities,"

      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 Substitute House Bill No. 1512.

The motion by Senator Keiser carried and the amendment was adopted by voice vote.


 

MOTION

 

      On motion of Senator Keiser, the rules were suspended, Substitute House Bill No. 1512, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Parlette spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Regala, Senator Brown was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1512, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1512, as amended by the Senate, 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, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Absent: Senator Finkbeiner - 1

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 1512, as amended by the Senate, 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

 

      HOUSE BILL NO. 1161, by Representatives Buri, O'Brien, Walsh, Ericks, Darneille, McCoy, Clements, Serben, Pearson, Strow, Kristiansen, Moeller, Lovick, Simpson, Campbell, Tom, Morrell, Chase, Ahern, Newhouse, Armstrong, Woods, Sells and Ormsby

 

      Adding entities entitled to notification about sex offenders and kidnapping offenders.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, House Bill No. 1161 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Hargrove and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1161.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1161 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, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Oke - 1

      HOUSE BILL NO. 1161, 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 Weinstein, Senator Fairley was excused.

 

SECOND READING

 

      HOUSE BILL NO. 1832, by Representatives Kretz, Blake, Grant, Holmquist, P. Sullivan, Buri, B. Sullivan, Kristiansen, Serben, Linville, McCune, Orcutt, Sump, Condotta, Cox, Walsh, Clements, Roach, Newhouse, Haler and Pearson

 

      Requiring the posting of cougar interactions with pets, livestock, or humans.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1832 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen, Stevens and Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1832.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1832 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, Deccio, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Fairley and Oke - 2

      HOUSE BILL NO. 1832, 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

 

      SUBSTITUTE HOUSE BILL NO. 2169, by House Committee on Children & Family Services (originally sponsored by Representatives Walsh, Grant, Buri, Cox and Haler)

 

      Authorizing specified counties to regulate day care. Revised for 1st Substitute: Creating a pilot project authorizing small counties to regulate day care.

 

      The measure was read the second time.


 

MOTION

 

      Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) Notwithstanding RCW 74.15.030, counties with a population of three thousand or less may adopt and enforce ordinances and regulations as provided in this act for family day-care providers as defined in RCW 74.15.020(1)(f) as a twelve-month pilot project. Before a county may regulate family day-care providers in accordance with this act, it shall adopt ordinances and regulations that address, at a minimum, the following: (a) The size, safety, cleanliness, and general adequacy of the premises; (b) the plan of operation; (c) the character, suitability, and competence of a family day-care provider and other persons associated with a family day-care provider directly responsible for the care of children served; (d) the number of qualified persons required to render care; (e) the provision of necessary care, including food, clothing, supervision, and discipline; (f) the physical, mental, and social well-being of children served; (g) educational and recreational opportunities for children served; and (h) the maintenance of records pertaining to children served.

      (2) The county shall notify the department of social and health services in writing sixty days prior to adoption of the family day-care regulations required pursuant to this act. The transfer of jurisdiction shall occur when the county has notified the department in writing of the effective date of the regulations, and shall be limited to a period of twelve months from the effective date of the regulations. Regulation by counties of family day-care providers as provided in this act shall be administered and enforced by those counties. The department shall not regulate these activities nor shall the department bear any civil liability under chapter 74.15 RCW for the twelve-month pilot period. Upon request, the department shall provide technical assistance to any county that is in the process of adopting the regulations required by this act, and after the regulations become effective.

      (3) Any county regulating family day-care providers pursuant to this act shall report to the governor and the appropriate committees of the legislature concerning the outcome of the pilot project upon expiration of the twelve-month pilot period. The report shall include the ordinances and regulations adopted pursuant to subsection (1) of this section and a description of how those ordinances and regulations address the specific areas of regulation identified in subsection (1) of this section."

      Senators Hargrove and Stevens spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 2169.

      The motion by Senator Hargrove carried and the committee 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 "care;" strike the remainder of the title and insert "and creating a new section."

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2169, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2169, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2169, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 46

      Voting nay: Senators Delvin and Thibaudeau - 2

      Excused: Senator Oke - 1

      SUBSTITUTE HOUSE BILL NO. 2169, as amended by the Senate, 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, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 5, 2005

 

MR. PRESIDENT:

The Speaker signed:

      HOUSE BILL NO. 1007,

      SUBSTITUTE HOUSE BILL NO. 1075,

      HOUSE BILL NO. 1086,

      SUBSTITUTE HOUSE BILL NO. 1090,

      SUBSTITUTE HOUSE BILL NO. 1214,

      HOUSE BILL NO. 1269,

      HOUSE BILL NO. 1312,

      HOUSE BILL NO. 1321,

      HOUSE BILL NO. 1323,

      SUBSTITUTE HOUSE BILL NO. 1394,

      SUBSTITUTE HOUSE BILL NO. 1461,

      SUBSTITUTE HOUSE BILL NO. 1462,

      SUBSTITUTE HOUSE BILL NO. 1536,

      SUBSTITUTE HOUSE BILL NO. 1569,

      HOUSE BILL NO. 1838,

      HOUSE BILL NO. 2088,

      HOUSE BILL NO. 2188,

and the same are herewith transmitted.

 

RICHARD NAFZIGER, Chief Clerk

 

SIGNED BY THE PRESIDENT

 

The President has signed:

      HOUSE BILL NO. 1007,

      SUBSTITUTE HOUSE BILL NO. 1075,

      HOUSE BILL NO. 1086,


      SUBSTITUTE HOUSE BILL NO. 1090,

      SUBSTITUTE HOUSE BILL NO. 1214,

      HOUSE BILL NO. 1269,

      HOUSE BILL NO. 1312,

      HOUSE BILL NO. 1321,

      HOUSE BILL NO. 1323,

      SUBSTITUTE HOUSE BILL NO. 1394,

      SUBSTITUTE HOUSE BILL NO. 1461,

      SUBSTITUTE HOUSE BILL NO. 1462,

      SUBSTITUTE HOUSE BILL NO. 1536,

      SUBSTITUTE HOUSE BILL NO. 1569,

      HOUSE BILL NO. 1838,

      HOUSE BILL NO. 2088,

      HOUSE BILL NO. 2188,

 

MOTION

 

      On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

      Senator Shin moved adoption of the following resolution:

 

SENATE RESOLUTION

8674

 

By Senator Shin

 

      WHEREAS, The Washington Community and Technical Colleges contribute significantly to the state's economy during times of both cyclical downturns and structural changes; and

      WHEREAS, The Worker Retraining Program for dislocated and unemployed workers is representative of these contributions; and

      WHEREAS, Due to economic displacement, 80,339 Washington citizens have trained for new occupations through the Worker Retraining Program; and

      WHEREAS, Washington's labor market suffered the second-highest unemployment rate in the nation during the 2001 recession and its aftermath; and

      WHEREAS, The Worker Retraining Program supports individuals' right to obtain new career fields in light of economic change; and

      WHEREAS, Eighty percent of Worker Retraining Program participants became reemployed within nine months after training and obtained jobs paying between eighty-six and one hundred fourteen percent of their prelayoff wages; and

      WHEREAS, The public saves five hundred thirty dollars per retrained worker in the first two and one-half years after training through reduced spending on TANF, food stamps, and unemployment insurance; and

      WHEREAS, The Worker Retraining Program returns dislocated workers to work in the quickest time possible, while providing the skills necessary to succeed in a changing job market; and

      WHEREAS, The Worker Retraining Program has been the subject of numerous accountability studies and those evaluations have found that it substantially increases employment, hours worked, and earnings of participants; and

      WHEREAS, Washington's Worker Retraining Program is recognized across the nation as a model and best practice; and

      WHEREAS, The 2005 Legislative session is an appropriate time to recognize the contributions to a competitive Washington work force provided by the community and technical college system;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and honor the community and technical colleges' contributions to work force and statewide economic development and to the betterment of over 80,000 workers in times of economic hardship; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Worker Retraining Program of the State Board for Community and Technical Colleges.

      Senator Shin spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8674.

      The motion by Senator Shin carried and the resolution was adopted by voice vote.

 

MOTION

 

      On motion of Senator Oke, Senate Rule 20 was suspended for the remainder of the day to allow consideration of additional floor resolutions.

 

EDITOR’S NOTE: Senate Rule 20 limits consideration of floor resolutions not essential to the operation of the Senate to one per day during regular daily sessions.

 

MOTION

 

      Senator Oke moved adoption of the following resolution:

 

SENATE RESOLUTION

8667

 

By Senator Oke

 

      WHEREAS, Edgar Martinez was born in New York City on January 2, 1963, grew up playing baseball with his brother and neighborhood friends in Dorado, Puerto Rico, and attended American College in Puerto Rico; and

      WHEREAS, Edgar Martinez was nineteen years old when he signed with the Seattle Mariners as an amateur free agent on September 12, 1982; and

      WHEREAS, When Edgar Martinez was a skinny twenty-year-old with the Mariners' Class A team in Bellingham in 1983, he hit only .173 and was better known for his glove than his bat; and

      WHEREAS, Edgar Martinez endured several more seasons in the minors before he made his major league debut in 1987, ironically as a pinch runner; and

      WHEREAS, Edgar's first big-league hit was a triple, proving to newer Mariners' fans that he was a fast baserunner early in his Seattle career; and

      WHEREAS, Edgar Martinez became Seattle's everyday third baseman in 1990 and responded by hitting .302 that season and .307 in 1991; and

      WHEREAS, Edgar Martinez made his American League All-Star debut in 1992, a season in which he was crowned American League batting champion with a .343 average; and

      WHEREAS, A severely pulled hamstring in a 1993 preseason exhibition game in Vancouver, B.C., caused Edgar to miss most of that season and forced him to transform himself from an able third baseman into the greatest designated hitter in history; and

      WHEREAS, Edgar Martinez helped keep baseball alive in Seattle in 1995 by delivering arguably the biggest hit in Mariners' history, a game-winning double ripped down the left-field line in the bottom of the eleventh inning of the fifth and final game of the American League Divisional Series against the New York Yankees, knocking in Joey Cora and Ken Griffey, Jr. and resulting in the most enduring image and defining moment in Mariners' history, as teammates mobbed Junior at the plate after he slid home with the series-winning run while a sold-out Kingdome crowd roared with joy; and

      WHEREAS, Edgar Martinez was a one-man wrecking crew in that fabled playoff series against the Yankees, as he drove in a major league record seven postseason runs to almost single-handedly rally the Mariners from a two-games-to-zero deficit against the Yankees; and


      WHEREAS, Edgar Martinez became a fan favorite throughout the Northwest and a team icon as a result of his loyalty and dedication to the Mariners and the Northwest, his quiet team leadership, his friendly, pleasant demeanor, his powerful bat, and his funny TV ads for the Mariners and Eagle Hardware; and

      WHEREAS, Mariners' fans often showed their love and respect for Edgar Martinez by serenading him with chants of "Edddd...Grrrrr" before or after one of his at-bats; and

      WHEREAS, Mariners announcer Dave Niehaus frequently said Edgar Martinez is the nicest guy to ever put on a pair of spikes; and

      WHEREAS, Edgar Martinez gained even more respect and admiration from fans throughout the region for his willingness to give back to the community through charities and other activities, which is evidenced by his winning the 2004 Roberto Clemente Award for outstanding baseball skills and devotion to the community; and

      WHEREAS, Edgar Martinez defined the position of designated hitter, holding the all-time major league record for home runs and RBIs by a DH, and is the only designated hitter in the history of baseball to win a batting title, hitting .356 in 1995; and

      WHEREAS, Major League Baseball Commissioner Allan H. "Bud" Selig paid fitting tribute to Edgar Martinez's remarkable status as the most prolific designated hitter in the history of Major League Baseball when he announced on October 2, 2004, that the American League Designated Hitter of the Year Award has been officially renamed "The Edgar Martinez Award"; and

      WHEREAS, Edgar Martinez retired at the end of the 2004 season with the same team with which he began, a rarity among major league ballplayers, ending his eighteen-year career with 309 home runs, 1,261 runs batted in, and 2,247 hits, including 514 doubles; and

      WHEREAS, Edgar Martinez joins Babe Ruth, Ted Williams, and Lou Gehrig as one of only seven players in baseball history to have a career batting average of .300 or more, an on-base percentage of .400 or more, a slugging percentage of .500 or more, 2,000 hits, 300 home runs, 500 doubles, and 1,000 walks;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor Edgar Martinez on his long and wonderful career with the Seattle Mariners and thank him for giving so much back to the team's fans and to the community.

      Senators Oke, Hargrove, Hewitt, Deccio, Franklin, Mulliken, Kline, Schmidt, Esser, Shin, Haugen and McAuliffe spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8667.

      The motion by Senators Oke carried and the resolution was adopted by voice vote.

 

REMARKS BY THE PRESIDENT

 

President Owen: “With Mr. Martinez today, we’re privileged to have one of the Vice Presidents of the Mariners, Joe Chard, Corporate Business & Community Relations and also Clyde MacIver, Executive Vice President, General Counsel for the Mariners. Thank you two for being with us today. It’s now my great privilege to recognize our hero, Mr. Edgar Martinez.”

 

REMARKS BY EDGAR MARTINEZ

 

      Edgar Martinez: “Thank you very much for the invitation and for all your comments. They really mean a lot to me and to my family. I think that I’m the one that has been blessed with the opportunity to be in this community and to be able to play with the same team for eighteen years. So, to me, I feel like that the long years meant a lot. I really appreciate your comments. This resolution is something that I will treasure for the rest of my life.”

 

MOTION

 

At 12:02 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 1:54 p.m. by President Owen.

 

MOTION

 

      On motion of Senator Eide, the Senate reverted to the sixth order of business.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2156, by House Committee on Children & Family Services (originally sponsored by Representatives Hinkle, Kagi, Nixon, Pettigrew, McDonald, Dickerson, Pearson, Springer, Rodne and Williams)

 

      Regarding dependency and termination of parental rights. Revised for 1st Substitute: Regarding dependency and termination of parental rights. (REVISED FOR PASSED LEGISLATURE: Creating a joint task force on child safety.)

 

      The measure was read the second time.

 

MOTION

 

      Senator Hargrove moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) A joint task force on child safety for children in child protective services or child welfare services is established. The joint task force shall consist of the following members:

      (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;

      (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;

      (c) A representative from the Washington council for prevention of child abuse and neglect;

      (d) One representative from each of the four most recent child fatality review committees;

      (e) The secretary of the department of social and health services or the secretary's designee;

      (f) The executive director of the office of public defense or the executive director's designee;

      (g) The director of the office of family and children's ombudsman or the director's designee;

      (h) A representative of the Washington association of sheriffs and police chiefs;

      (i) The secretary of the department of health or the secretary's designee;

      (j) A representative of the office of attorney general;

      (k) A representative of the superior court judges association;

      (l) One representative each from social workers for child protective services and social workers for child welfare services, appointed by the secretary of the department of social and health services; and

      (m) The following members, jointly appointed by the speaker of the house of representatives and the president of the senate:


      (i) A representative from a statewide foster parents association and a foster parent not affiliated with the statewide foster parents association;

      (ii) A representative from a statewide birth parent organization or a birth parent who has been involved in the child welfare system; and

      (iii) One representative each from two different organizations that primarily provide services to children and families involved with the child welfare system.

      (2) Two of the legislative members shall serve as cochairs of the task force.

      (3) The task force shall review and make recommendations to the legislature and the governor on improving the health, safety, and welfare of Washington children in child protective services or child welfare services. In preparing the recommendations, the committee shall, at a minimum, review the following issues:

      (a) State and federal statutes regarding child safety, placement, removal from the home, termination of parental rights, and reunification with parents;

      (b) Current and ongoing department of social and health services work groups or work plans regarding child safety, placement, removal from the home, termination of parental rights, and reunification with parents;

      (c) The purpose and value of child protection teams and determine whether any changes should be made;

      (d) Best practices regarding children removed from parents at birth and placed in out-of-home care, transition services for families with children in out-of-home placement for an extended period of time, and standards for return to home placement when a child has been placed out-of-home including situations where a child has been placed out-of-home and returned to home multiple times;

      (e) The training that is offered to social workers regarding child development and determine whether any changes should be made;

      (f) Best practices regarding information sharing between case workers, supervisors, and other relevant participants in placement decisions;

      (g) Best practices for assessing and addressing chemical dependency issues of parents;

      (h) The effectiveness of current home-based service providers currently used and determine whether any changes should be made;

      (i) Best practices addressing family cultural and tribal issues and the role, if any, of social worker training or bias in safety assessment and placement decisions; and

      (j) Other issues deemed relevant to improving child safety outcomes.

      (4) The task force, where feasible, may consult with individuals from the public and private sector.

      (5) The task force shall use legislative facilities and staff from senate committee services and the house office of program research.

      (6) The task force shall report its preliminary findings and recommendations to the legislature by December 31, 2005, and a final report on its findings and recommendations by September 1, 2006.

      NEW SECTION. Sec. 2. This act expires October 1, 2006.

      NEW SECTION. Sec. 3. 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 Hargrove and Stevens spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 2156.

      The motion by Senator Hargrove carried and the committee 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 "rights;" strike the remainder of the title and insert "creating a new section; providing an expiration date; and declaring an emergency."

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2156, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2156, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2156, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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 - 49

      SUBSTITUTE HOUSE BILL NO. 2156, as amended by the Senate, 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

 

      ENGROSSED HOUSE BILL NO. 1068, by Representatives Quall, McDermott and Haigh

 

      Eliminating mandatory norm-referenced student assessments.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 28A.230.195 and 1999 c 373 s 603 are each amended to read as follows:

      (1) If students' scores on the test or assessments under RCW ((28A.230.190, 28A.230.230, and 28A.630.885)) 28A.655.070 indicate that students need help in identified areas, the school district shall evaluate its instructional practices and make appropriate adjustments.

      (2) Each school district shall notify the parents of each student of their child's performance on the test and assessments conducted under this chapter.


      NEW SECTION. Sec. 2. A new section is added to chapter 28A.655 RCW to read as follows:

      (1) The legislature finds that the mandatory norm-referenced student assessments eliminated under this act provide information that teachers and parents use to improve student learning. The legislature intends to permit school districts to offer norm-referenced assessments at the districts' own expense and make diagnostic tools available that provide information that is at least as valuable as the information eliminated under this act.

      (2) School districts may, at their own expense, administer norm-referenced assessments to students.

      (3) By September 1, 2005, subject to available funds, the office of the superintendent of public instruction shall post on its web site for voluntary use by school districts, a guide of diagnostic assessments. The assessments in the guide, to the extent possible, shall include the characteristics listed in subsection (4) (a) through (e) of this section.

      (4) By September 1, 2006, subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall make available to school districts diagnostic assessments that help improve student learning. To the greatest extent possible, the assessments shall be:

      (a) Aligned to the state's grade level expectations;

      (b) Individualized to each student's performance level;

      (c) Administered efficiently to provide results either immediately or within two weeks;

      (d) Capable of measuring individual student growth over time; and

      (e) Cost-effective.

      (5) The office of the superintendent of public instruction is encouraged to offer at their statewide and regional staff development activities training opportunities that would assist practitioners in:

      (a) The interpretation of diagnostic assessments; and

      (b) Application of instructional strategies that will increase student learning based on diagnostic assessment data.

      NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:

      (1) RCW 28A.230.190 (Third grade achievement test) and 1999 c 373 s 201, 1998 c 319 s 202, 1997 c 262 s 5, 1990 c 101 s 6, 1985 c 403 s 1, 1984 c 278 s 8, & 1975-'76 2nd ex.s. c 98 s 1;

      (2) RCW 28A.230.193 (Sixth grade achievement test) and 1999 c 373 s 301;

      (3) RCW 28A.230.230 (Annual assessment of ninth grade students--Inventory for high school and beyond for use by eighth grade students) and 1999 c 373 s 401 & 1990 c 101 s 2; and

      (4) RCW 28A.230.260 (Annual report to the legislature) and 1990 c 101 s 5."

      Senator McAuliffe spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

On motion of Senator Eide, Engrossed House Bill No. 1068 was deferred and the bill held its place on the second reading calendar.

 

      The Senate resumed consideration of Engrossed Substitute House Bill No. 1031 which had been deferred earlier in the day.

 

PARLIAMENTARY INQUIRY

 

Senator Eide: “Would you please tell us exactly where we are on the Engrossed Substitute House Bill No. 1031? I believe we were on roll call and what amendment?”

 

REPLY BY THE PRESIDENT

 

President Owen: “Engrossed Substitute House Bill No. 1031 was on second reading. We are considering an amendment to the committee amendment. We are considering amendment 442 by Senator Honeyford to the committee striking amendment.”

      Senator Honeyford spoke in favor of adoption of the amendment to the committee striking amendment.

      Senator Prentice spoke against adoption of the amendment to the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 22 to the committee striking amendment to Engrossed Substitute House Bill No. 1031.

 

ROLL CALL

 

      The Secretary called the roll on the adoption of the amendment by Senator Honeyford to the committee striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Schmidt, Schoesler, Stevens, Swecker, and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein – 27

 

MOTION

 

Senator Prentice moved that the following amendment by Senator Prentice to the committee striking amendment be adopted.

      On page 2, line 27 of the amendment, after "section." insert "The advisory committee shall give due consideration in the design and management of the program that persons who hold licenses or contracts issued by the gambling commission, horse racing commission, and lottery commission are not excluded from, or discouraged from, applying to participate in the program."

      Senator Prentice spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senator Prentice on page 2, line 27 to the committee striking amendment to Engrossed Substitute House Bill No. 1031.

      The motion by Senator Prentice carried and the amendment to the committee striking amendment was adopted by voice vote.

 

MOTION

 

Senator Schoesler moved that the following amendment by Senator Schoesler be adopted.

      On page 4, line 34 of the amendment, after "act." insert "This subsection does not apply to businesses operating contests of chance when the gross income from the operation of contests of chance is less than one hundred thousand dollars per year."

 

WITHDRAWAL OF AMENDMENT

 

On motion of Senator Schoesler, the amendment by Senator Schoesler on page 4, line 34 to Engrossed Substitute House Bill No. 1031 was withdrawn.

 


MOTION

 

Senator Schoesler moved that the following amendment by Senators Schoesler and Prentice to the committee striking amendment be adopted.

      On page 4, line 34 of the amendment, after "act." insert "This subsection does not apply to businesses operating contests of chance when the gross income from the operation of contests of chance is less than fifty thousand dollars per year."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Schoesler and Prentice spoke in favor of adoption of the amendment to the committee striking amendment.

 

The President declared the question before the Senate to be the adoption of the amendment by Senators Schoesler and Prentice on page 4, line 34 to the committee striking amendment to Engrossed Substitute House Bill No. 1031.

The motion by Senator Schoesler carried and the amendment to the committee striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Ways & Means as amended to Engrossed Substitute House Bill No. 1031.

      The motion by Senator Prentice carried and the committee striking amendment as amended 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 "gambling;" strike the remainder of the title and insert "amending RCW 43A.20A.980; 67.70.340, 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.”

 

MOTION

 

      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute House Bill No. 1031, as amended by the Senate 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.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1031, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1031, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Berkey, Brown, Doumit, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 36

      Voting nay: Senators Benton, Brandland, Carrell, Delvin, Esser, Hewitt, McCaslin, Morton, Mulliken, Parlette, Pflug and Zarelli - 12

      Absent: Senator Deccio - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1031, as amended by the Senate 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

 

      SUBSTITUTE HOUSE BILL NO. 1747, by House Committee on Judiciary (originally sponsored by Representatives Wood, Rodne, Priest, Clements, Lantz, Williams, Darneille and Ormsby)

 

      Administering the state-funded civil representation of indigent persons.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 1747 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.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1747.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1747 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 37

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Hewitt, Honeyford, McCaslin, Morton, Mulliken, Pflug, Schoesler and Stevens - 12

      SUBSTITUTE HOUSE BILL NO. 1747, 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

 

      SUBSTITUTE HOUSE BILL NO. 1366, by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Roberts, McDonald, B. Sullivan, Dickerson, Morrell, Skinner, Appleton, Hinkle, Moeller, Hasegawa, McCune, Sells, Walsh, Ormsby, Kenney, Kagi and McDermott)

 

      Requiring video game retailers to inform consumers about video game rating systems.

 

      The measure was read the second time.

 

MOTION

 


      Senator Regala moved that the following committee striking amendment by the Committee on Human Services & Corrections be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 19.188 RCW to read as follows:

      (1) The definitions in this subsection apply throughout this section.

      (a) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

      (b) "Video game retailer" means a person who sells or rents video games to the public.

      (c) "Point of sale" means the location in the retail establishment at which a transaction occurs resulting in the sale or rental of a video game.

      (2) Every video game retailer shall post signs providing information to consumers about the existence of a nationally recognized video game rating system, or notifying consumers that a rating system is available, to aid in the selection of a game if such a rating system is in existence.

      (3) The signs shall be posted within the retail establishment in prominent areas near the video game displays. The signs shall also be posted at points of sale, unless the retailer has a system in place that prompts the retailer to check the identification of purchasers who appear to be under the age of eighteen who are attempting to purchase video games intended for adult audiences. The signs and lettering shall be clearly visible to consumers.

      (4) A video game retailer shall make available to consumers, upon request, information that explains the video game rating system."

      Senators Regala and Stevens spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Human Services & Corrections to Substitute House Bill No. 1366.

      The motion by Senator Regala carried and the committee 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 "games;" strike the remainder of the title and insert "and adding a new section to chapter 19.188 RCW."

 

MOTION

 

      On motion of Senator Regala, the rules were suspended, Substitute House Bill No. 1366, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Regala spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1366, as amended by the Senate .

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1366, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 46

      Absent: Senators Prentice, Regala and Thibaudeau - 3

      SUBSTITUTE HOUSE BILL NO. 1366, as amended by the Senate, 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

 

      SUBSTITUTE HOUSE BILL NO. 1179, by House Committee on Transportation (originally sponsored by Representatives Murray, Shabro, Wallace, Woods, Jarrett, Simpson, Springer, Dickerson, Quall, Armstrong, Kenney, Clibborn and McIntire)

 

      Authorizing a pilot project for high-occupancy toll lanes.

 

      The measure was read the second time.

 

MOTION

 

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. LEGISLATIVE INTENT. The legislature recognizes that the Puget Sound region is faced with growing traffic congestion and has limited ability to expand freeway capacity due to financial, environmental, and physical constraints. Freeway high-occupancy vehicle lanes have been an effective means of providing transit, vanpools, and carpools with a fast trip on congested freeway corridors, but in many cases, these lanes are themselves getting crowded during the peak commute times, while some are being underused at off-peak times.

      It is the intent of the legislature to maximize the effectiveness and efficiency of the freeway system. To evaluate methods to accomplish this, it is beneficial to evaluate alternative approaches to managing the use of freeway high-occupancy vehicle lanes, including pilot projects to determine and demonstrate the effectiveness and benefits of implementing high-occupancy toll lanes. The legislature acknowledges that state route 167 provides an ideal test of the high-occupancy toll lane concept because it is a congested corridor, it has underused capacity in the high-occupancy vehicle lane, and it has adequate right of way for improvements needed to test the concept. Therefore, it is the intent of this act to direct that the department of transportation, as a pilot project, develop and operate a high-occupancy toll lane on state route 167 in King county and to conduct an evaluation of that project to determine impacts on freeway efficiency, effectiveness for transit, feasibility of financing improvements through tolls, and the impacts on freeway users.

      NEW SECTION. Sec. 2. A new section is added to chapter 47.56 RCW to read as follows:

      DEFINITION OF HIGH-OCCUPANCY TOLL LANES. For the purposes of RCW 46.61.165 and sections 3 and 4 of this act, "high-occupancy toll lanes" means one or more lanes of a highway that charges tolls as a means of regulating access to or the use of the facility, to maintain travel speed and reliability. Supporting facilities include, but are not limited to, approaches, enforcement areas, improvements, buildings, and equipment.

      NEW SECTION. Sec. 3. A new section is added to chapter 47.56 RCW to read as follows:

      AUTHORITY TO DESIGNATE STATE ROUTE 167 HIGH-OCCUPANCY TOLL LANE PILOT PROJECT. (1) The department may provide for the establishment, construction, and operation of a pilot project of high-occupancy toll lanes on state route 167 high-occupancy vehicle lanes within King county. The department may issue, buy, and redeem bonds, and deposit and expend them; secure and remit financial and other assistance in the construction of high-occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high-occupancy toll lane pilot project.

      (2) Tolls for high-occupancy toll lanes will be established as follows:

      (a) The schedule of toll charges for high-occupancy toll lanes must be established by the transportation commission and collected in a manner determined by the commission.

      (b) Toll charges shall not be assessed on transit buses and vanpool vehicles owned or operated by any public agency.

      (c) The department shall establish performance standards for the state route 167 high-occupancy toll lane pilot project. The department must automatically adjust the toll charge, using dynamic tolling, to ensure that toll-paying single-occupant vehicle users are only permitted to enter the lane to the extent that average vehicle speeds in the lane remain above forty-five miles per hour at least ninety percent of the time during peak hours. The toll charge may vary in amount by time of day, level of traffic congestion within the highway facility, vehicle occupancy, or other criteria, as the commission may deem appropriate. The commission may also vary toll charges for single-occupant inherently low-emission vehicles such as those powered by electric batteries, natural gas, propane, or other clean burning fuels.

      (d) The commission shall periodically review the toll charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway facilities.

      (3) The department shall monitor the state route 167 high-occupancy toll lane pilot project and shall annually report to the transportation commission and the legislature on operations and findings. At a minimum, the department shall provide facility use data and review the impacts on:

      (a) Freeway efficiency and safety;

      (b) Effectiveness for transit;

      (c) Person and vehicle movements by mode;

      (d) Ability to finance improvements and transportation services through tolls; and

      (e) The impacts on all highway users. The department shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, socioeconomic, and demographic information within the corridor in order to ascertain actual and perceived questions of equitable use of the facility.

      (4) The department shall modify the pilot project to address identified safety issues and mitigate negative impacts to high-occupancy vehicle lane users.

      (5) Authorization to impose high-occupancy vehicle tolls for the state route 167 high-occupancy toll pilot project expires if either of the following two conditions apply:

      (a) If no contracts have been let by the department to begin construction of the toll facilities associated with this pilot project within four years of the effective date of this section; or

      (b) Four years after toll collection begins under this section.

      (6) The department of transportation shall adopt rules that allow automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits.

      (7) The conversion of a single existing high-occupancy vehicle lane to a high-occupancy toll lane as proposed for SR-167 must be taken as the exception for this pilot project.

      (8) A violation of the lane restrictions applicable to the high-occupancy toll lanes established under this section is a traffic infraction.

      (9) Procurement activity associated with this pilot project shall be open and competitive in accordance with chapter 39.29 RCW.

      NEW SECTION. Sec. 4. A new section is added to chapter 47.66 RCW to read as follows:

      The high-occupancy toll lanes operations account is created in the state treasury. The department shall deposit all revenues received by the department as toll charges collected from high-occupancy toll lane users. Moneys in this account may be spent only if appropriated by the legislature. Moneys in this account may be used for, but be not limited to, debt service, planning, administration, construction, maintenance, operation, repair, rebuilding, enforcement, and expansion of high-occupancy toll lanes and to increase transit, vanpool and carpool, and trip reduction services in the corridor. A reasonable proportion of the moneys in this account must be dedicated to increase transit, vanpool, carpool, and trip reduction services in the corridor. A reasonable proportion of the moneys in this account must be dedicated to increase transit, vanpool, carpool, and trip reduction services in the corridor.

      Sec. 5. RCW 42.17.310 and 2003 1st sp.s. c 26 s 926, 2003 c 277 s 3, and 2003 c 124 s 1 are each reenacted and amended to read as follows:

      (1) The following are exempt from public inspection and copying:

      (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

      (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

      (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

      (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

      (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

      (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

      (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

      (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

      (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

      (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

      (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

      (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

      (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

      (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

      (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

      (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

      (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

      (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

      (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

      (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

      (u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

      (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

      (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

      (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

      (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

      (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

      (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

      (bb) Financial and valuable trade information under RCW 51.36.120.

      (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

      (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

      (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

      (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

      (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

      (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

      (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

      (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.


      (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

      (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

      (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

      (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

      (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

      (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

      (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

      (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

      (ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.

      (tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

      (uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

      (vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

      (ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:

      (i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and

      (ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.

      (xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

      (yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

      (i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

      (ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

      (iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

      (A) The species has a known commercial or black market value;

      (B) There is a history of malicious take of that species; or

      (C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

      (zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

      (i) Government agencies concerned with the management of fish and wildlife resources;

      (ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

      (iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

      (aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.

      (ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.

      (bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.

      (ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.

      (ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.

      (eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.

      (fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.

      (ggg) Proprietary information deemed confidential for the purposes of section 923, chapter 26, Laws of 2003 1st sp. sess.

      (hhh) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.

      (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

      (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

      (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

      Sec. 6. RCW 42.17.310 and 2003 c 277 s 3 and 2003 c 124 s 1 are each reenacted and amended to read as follows:

      (1) The following are exempt from public inspection and copying:

      (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

      (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

      (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

      (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

      (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

      (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

      (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

      (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

      (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

      (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

      (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

      (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

      (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

      (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

      (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

      (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

      (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

      (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

      (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

      (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

      (u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

      (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

      (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

      (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

      (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

      (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

      (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

      (bb) Financial and valuable trade information under RCW 51.36.120.

      (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

      (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

      (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

      (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

      (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

      (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

      (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

      (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

      (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

      (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.


      (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

      (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

      (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

      (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

      (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

      (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

      (ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.

      (tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

      (uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

      (vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

      (ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:

      (i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and

      (ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.

      (xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

      (yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

      (i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

      (ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

      (iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

      (A) The species has a known commercial or black market value;

      (B) There is a history of malicious take of that species; or

      (C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

      (zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

      (i) Government agencies concerned with the management of fish and wildlife resources;

      (ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

      (iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

      (aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.

      (ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.

      (iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.

      (bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.

      (ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.

      (ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.

      (eee) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW.

      (fff) Proprietary data, trade secrets, or other information that relates to: (i) A vendor's unique methods of conducting business; (ii) data unique to the product or services of the vendor; or (iii) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011.

      (ggg) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order.

      (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

      (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

      (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

      Sec. 7. RCW 43.84.092 and 2003 c 361 s 602, 2003 c 324 s 1, 2003 c 150 s 2, and 2003 c 48 s 2 are each reenacted and amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      Sec. 8. RCW 43.84.092 and 2004 c 242 s 60 are each amended to read as follows:

      (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.

      (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.

      (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.

      (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:

      (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public works assistance account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.

      (b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.

      (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

      NEW SECTION. Sec. 9. Section captions used in this act are not any part of the law.

      NEW SECTION. Sec. 10. (1) Section 5 of this act expires June 30, 2005.

      (2) Section 7 of this act expires July 1, 2006.

      NEW SECTION. Sec. 11. (1) Section 6 of 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 June 30, 2005.

      (2) Section 8 of this act takes effect July 1, 2006.

      NEW SECTION. Sec. 12. Section 5 of 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."

      Senator Haugen spoke in favor of adoption the committee striking amendment.

 

MOTION

 

Senator Benton moved that the following amendment by Senators Benton, Zarelli and Swecker to the committee striking amendment be adopted.

      On page 4, after line 23 of the amendment, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 47.20 RCW to read as follows:

      The department of transportation may not operate any high-occupancy toll lanes or any existing high-occupancy vehicle lanes, and may not open or operate any new high-occupancy toll lane or high-occupancy vehicle lane projects, in counties with a population of three hundred thousand or more that border the state of Oregon unless: (a) Vehicle spaces at park and ride lots within the county are three times the capacity in existence on the effective date of this section; (b) the Interstate 5 bridge over the Columbia river is retrofitted to include four southbound general purpose lanes; and (c) the department of transportation determines that high-occupancy vehicle lanes will improve travel time by at least eight minutes over the length of the high-occupancy vehicle lanes."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On page 31, line 18 of the title amendment, after "47.66 RCW;" insert "adding a new section to chapter 47.20 RCW;"

      Senator Benton spoke in favor of adoption of the amendment to the committee striking amendment.

 

POINT OF ORDER

 

Senator Pridemore: “Mr. President, I would question the scope and object of this amendment for the underlying bill. Surely a bill intended to authorize a pilot project in King County can not admit to an amendment design to shut a pilot project in Clark County.”

 

      Senator Benton spoke against the point of order.

 

MOTION

 

On motion of Senator Eide, Substitute House Bill No. 1179 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 2173, by House Committee on Judiciary (originally sponsored by Representatives Serben, Lantz, Curtis, Darneille, Williams, Rodne, Ahern, Sump, Sells, Woods, Dunn, Springer, Haler, Talcott, Wallace, Conway, O'Brien, Kenney and P. Sullivan)

 

      Adopting the service members' civil relief act.

 

      The measure was read the second time.

 

MOTION

 

      Senator Kline moved that the following committee striking amendment by the Committee on Judiciary be adopted.


      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. DEFINITIONS. The definitions in this section apply throughout this chapter.

      (1) "Dependent" means:

      (a) The service member's spouse;

      (b) The service member's minor child; or

      (c) An individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief under this chapter.

      (2) "Judgment" does not include temporary orders as issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation, creation of a temporary parenting plan, or entry of a temporary protective or restraining order.

      (3) "Military service" means a service member under a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days.

      (4) "National guard" has the meaning in RCW 38.04.010.

      (5) "Service member" means any resident of Washington state that is a member of the national guard or member of a military reserve component.

      NEW SECTION. Sec. 2. APPLICABILITY OF CHAPTER. (1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service.

      (2) This chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a defendant. This chapter does not apply to criminal proceedings.

      (3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents.

      NEW SECTION. Sec. 3. PROTECTION OF PERSONS SECONDARILY LIABLE. (1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended.

      (2) When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment decree.

      NEW SECTION. Sec. 4. WAIVER OF RIGHTS PURSUANT TO WRITTEN AGREEMENT. (1) A service member may waive any of the rights and protections provided by this chapter. In the case of a waiver that permits an action described in subsection (2) of this section, the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the service member's period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the service member is not party to that instrument, the service member concerned.

      (2) The requirement in subsection (1) of this section for a written waiver applies to the following: (a) The modification, termination, or cancellation of a contract, lease, or bailment; or an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage; and (b) the repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or was purchased or received under a contract, lease, or bailment.

      NEW SECTION. Sec. 5. PROTECTION OF SERVICE MEMBERS AGAINST DEFAULT JUDGMENTS. (1) This section applies to any civil action or proceeding in which a service member or his or her dependent is a defendant and does not make an appearance under applicable court rules or by law.

      (2) In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit:

      (a) Stating whether the defendant is in military service, or is a dependent of a service member in military service, and showing necessary facts to support the affidavit; or

      (b) If the plaintiff is unable to determine whether the defendant is in military service or is a dependent of a service member in military service, stating that the plaintiff is unable to determine whether the defendant is in military service or is a dependent of a service member in military service.

      (3) If in an action covered by this section it appears that the defendant is in military service or is a dependent of a service member in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a service member or his or her dependent cannot locate the service member or dependent, actions by the attorney in the case do not waive any defense of the service member or dependent or otherwise bind the service member or dependent.

      (4) In an action covered by this section in which the defendant is in military service or is a dependent of a service member in military service, the court shall grant a stay of proceedings until one hundred eighty days after termination of or release from military service, upon application of defense counsel, or on the court's own motion, if the court determines that:

      (a) There may be a defense to the action and a defense cannot be presented without presence of the defendant; or

      (b) After due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.

      (5) No bar to entry of judgment under subsection (3) of this section or requirement for grant of stay under subsection (4) of this section precludes the entry of temporary orders in domestic relations cases. If a court or administrative tribunal enters a temporary order as allowed under this subsection, it shall include a finding that failure to act, despite the absence of the service member, would result in manifest injustice to the other interested parties. Temporary orders issued without the service member's participation shall not set any precedent for the final disposition of the matters addressed therein.

      (6) If a service member or dependent who is a defendant in an action covered by this section receives actual notice of the action, the service member or dependent may request a stay of proceedings pursuant to section 6 of this act.

      (7) A person who makes or uses an affidavit permitted under this section knowing it to be false, is guilty of a class C felony.

      (8) If a default judgment is entered in an action covered by this section against a service member or his or her dependent during the service member's period of military service or within one hundred eighty days after termination of or release from military service, the court entering the judgment shall, upon application by or on behalf of the service member or his or her dependent, reopen the judgment for the purpose of allowing the service member or his or her dependent to defend the action if it appears that:

      (a) The service member or dependent was materially affected by reason of that military service in making a defense to the action; and


      (b) The service member or dependent has a meritorious or legal defense to the action or some part of it.

      (9) If a court vacates, sets aside, or reverses a default judgment against a service member or his or her dependent and the vacating, setting aside, or reversing is because of a provision of this chapter, that action does not impair a right or title acquired by a bona fide purchaser for value.

      NEW SECTION. Sec. 6. STAY OF PROCEEDINGS WHEN SERVICE MEMBER HAS NOTICE. (1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section:

      (a)(i) Is in military service, or it is within one hundred eighty days after termination of or release from military service; or

      (ii) Is a dependent of a service member in military service; and

      (b) Has received actual notice of the action or proceeding.

      (2) At any stage before final judgment in a civil action or proceeding in which a service member or his or her dependent described in subsection (1) of this section is a party, the court may on its own motion and shall, upon application by the service member or his or her dependent, stay the action until one hundred eighty days after termination of or release from military service, if the conditions in subsection (3) of this section are met.

      (3) An application for a stay under subsection (2) of this section shall include the following:

      (a) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the service member's or dependent's ability to appear and stating a date when the service member or dependent will be available to appear; and

      (b) A letter or other communication from the service member's commanding officer stating that the service member's current military duty prevents either the service member's or dependent's appearance and that military leave is not authorized for the service member at the time of the letter.

      (4) An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense, including a defense relating to lack of personal jurisdiction.

      (5) A service member or dependent who is granted a stay of a civil action or proceeding under subsection (2) of this section may apply for an additional stay based on the continuing material affect of military duty on the service member's or dependent's ability to appear. Such application may be made by the service member or his or her dependent at the time of the initial application under subsection (2) of this section or when it appears that the service member or his or her dependent is unable to prosecute or defend the action. The same information required under subsection (3) of this subsection shall be included in an application under this subsection.

      (6) If the court refuses to grant an additional stay of proceedings under subsection (2) of this section, the court shall appoint counsel to represent the service member or his or her dependent in the action or proceeding.

      (7) A service member or dependent who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 5 of this act.

      NEW SECTION. Sec. 7. FINES AND PENALTIES UNDER CONTRACTS. (1) If an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

      (2) If a service member or his or her dependent fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:

      (a)(i) The service member was in military service at the time the fine or penalty was incurred; or

      (ii) The action is against a dependent of the service member and the service member was in military service at the time the fine or penalty was incurred; and

      (b) The ability of the service member or dependent to perform the obligation was materially affected by the military service.

      NEW SECTION. Sec. 8. CODEFENDANTS. If the service member or his or her dependent is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.

      NEW SECTION. Sec. 9. STATUTE OF LIMITATIONS. (1) The period of a service member's military service may not be included in computing any period limited by law, rule, or order, for the bringing of any action or proceeding in a court, or in any board bureau, commission, department, or other agency of a state, or political subdivision of a state, or the United States by or against the service member or the service member's dependents, heirs, executors, administrators, or assigns.

      (2) A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.

      (3) This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.

      NEW SECTION. Sec. 10. INAPPROPRIATE USE OF CHAPTER. If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.

      NEW SECTION. Sec. 11. This chapter may be known and cited as the Washington service members' civil relief act.

      NEW SECTION. Sec. 12. Captions used in this act are no part of the law.

      NEW SECTION. Sec. 13. Sections 1 through 12 of this act constitute a new chapter in Title 38 RCW.

      NEW SECTION. Sec. 14. 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. 15. 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 Kline and Benson spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Judiciary to Substitute House Bill No. 2173.

      The motion by Senator Kline carried and the committee 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 "relief;" strike the remainder of the title and insert "adding a new chapter to Title 38 RCW; prescribing penalties; and declaring an emergency."

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Substitute House Bill No. 2173, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline and Benson spoke in favor of passage of the bill.

 

MOTIONS

 

On motion of Senator Regala, Senator Brown was excused.

On motion of Senator Hewitt, Senator Mulliken was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 2173, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 2173, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Carrell, Deccio, 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 Brown - 1

      SUBSTITUTE HOUSE BILL NO. 2173, as amended by the Senate 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.

 

      On motion of Senator Hewitt, Senator Mulliken was excused.

 

SECOND READING

 

      HOUSE BILL NO. 2028, by Representatives Kagi and Darneille

 

      Regarding the advisory committee of the office of public defense.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, House Bill No. 2028 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.

      The President declared the question before the Senate to be the final passage of House Bill No. 2028.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 2028 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, Carrell, Deccio, 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, Weinstein and Zarelli - 47

      Excused: Senators Brown and Mulliken - 2

      HOUSE BILL NO. 2028, 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

 

      HOUSE BILL NO. 1695, by Representatives Buri, Kretz, Green, Grant, Newhouse, Blake, DeBolt, Orcutt, Haler, B. Sullivan and Buck

 

      Modifying the definition of "resident" for the purposes of Title 77 RCW.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1695 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 Regala, Senator Kline was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1695.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1695 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, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Excused: Senators Brown, Kline and Mulliken - 3

      HOUSE BILL NO. 1695, 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

 

      HOUSE BILL NO. 1032, by Representatives Kirby, Roach, Simpson and Schual-Berke

 

      Adopting the interstate insurance product regulation compact.

 

      The measure was read the second time.

 

MOTION

 


      On motion of Senator Berkey, the rules were suspended, House Bill No. 1032 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Berkey and Benton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1032.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1032 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senators Doumit and Rockefeller - 2

      Excused: Senator Kline - 1

      HOUSE BILL NO. 1032, 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

 

      SUBSTITUTE HOUSE BILL NO. 1393, by House Committee on Housing (originally sponsored by Representatives Buri, Grant, Cox, B. Sullivan, Condotta, Dunshee and Chase)

 

      Regulating movement of older mobile homes.

 

      The measure was read the second time.

 

MOTION

 

      Senator Berkey moved that the following committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 46.44.170 and 2004 c 79 s 4 are each amended to read as follows:

      (1) Any person moving a mobile home as defined in RCW 46.04.302 or a park model trailer as defined in RCW 46.04.622 upon public highways of the state must obtain:

      (a) A special permit from the department of transportation and local authorities pursuant to RCW 46.44.090 and 46.44.093 and shall pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096; and

      (b) For mobile homes constructed before June 15, 1976, and already situated in the state: (i) A certification from the department of labor and industries that the mobile home was inspected for fire safety; or (ii) an affidavit in the form prescribed by the department of community, trade, and economic development signed by the owner at the county treasurer's office at the time of the application for the movement permit stating that the mobile home is being moved by the owner for his or her continued occupation or use; or (iii) a copy of the certificate of ownership or title together with an affidavit signed under penalty of perjury by the certified owner stating that the mobile home is being transferred to a wrecking yard or similar facility for disposal. In addition, the destroyed mobile home must be removed from the assessment rolls of the county and any outstanding taxes on the destroyed mobile home must be removed by the county treasurer.

      (2) A special permit issued as provided in subsection (1) of this section for the movement of any mobile home or a park model trailer that is assessed for purposes of property taxes shall not be valid until the county treasurer of the county in which the mobile home or park model trailer is located shall endorse or attach his or her certificate that all property taxes which are a lien or which are delinquent, or both, upon the mobile home or park model trailer being moved have been satisfied. Further, any mobile home or park model trailer required to have a special movement permit under this section shall display an easily recognizable decal. However, endorsement or certification by the county treasurer and the display of the decal is not required:

      (a) When a mobile home or park model trailer is to enter the state or is being moved from a manufacturer or distributor to a retail sales outlet or directly to the purchaser's designated location or between retail and sales outlets;

      (b) When a signed affidavit of destruction is filed with the county assessor and the mobile home or park model trailer is being moved to a disposal site by a landlord as defined in RCW 59.20.030 after (i) the mobile home or park model trailer has been abandoned as defined in RCW 59.20.030; or (ii) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home or park model trailer. The mobile home or park model trailer will be removed from the tax rolls and, upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model trailer will be removed by the county treasurer; or

      (c) When a signed affidavit of destruction is filed with the county assessor by any mobile home or park model trailer owner or any property owner with an abandoned mobile home or park model trailer, the same shall be removed from the tax rolls and upon notification by the assessor, any outstanding taxes on the destroyed mobile home or park model trailer shall be removed by the county treasurer.

      (3) If the landlord of a mobile home park takes ownership of a mobile home or park model trailer with the intent to resell or rent the same under RCW 59.20.030 after (a) the mobile home or park model trailer has been abandoned as defined in RCW 59.20.030; or (b) a final judgment for restitution of the premises under RCW 59.18.410 has been executed in favor of the landlord with regard to the mobile home or park model trailer, the outstanding taxes become the responsibility of the landlord.

      (4) It is the responsibility of the owner of the mobile home or park model trailer subject to property taxes or the agent to obtain the endorsement and decal from the county treasurer before a mobile home or park model trailer is moved.

      (5) This section does not prohibit the issuance of vehicle license plates for a mobile home or park model trailer subject to property taxes, but plates shall not be issued unless the mobile home or park model trailer subject to property taxes for which plates are sought has been listed for property tax purposes in the county in which it is principally located and the appropriate fee for the license has been paid.

      (6) The department of transportation, the department of labor and industries, and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section. The department of transportation shall adopt rules specifying the design, reflective characteristics, annual coloration, and for the uniform implementation of the decal required by this section. By January 1, 2006, the department of labor and industries shall also adopt procedures for notifying destination local jurisdictions concerning the arrival of mobile homes that failed safety inspections.

      Sec. 2. RCW 43.22.340 and 2003 c 53 s 228 are each amended to read as follows:


      (1) The director shall adopt specific rules for conversion vending units and medical units. The rules for conversion vending units and medical units shall be established to protect the occupants from fire; to address other life safety issues; and to ensure that the design and construction are capable of supporting any concentrated load of five hundred pounds or more. Also, the director shall adopt specific rules concerning safety standards as necessary to implement subsection (3) of this section by January 1, 2006.

      (2) The director of labor and industries shall adopt rules governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in mobile homes, commercial coaches, recreational vehicles, and/or park trailers: PROVIDED, That the director shall not prescribe or enforce rules governing the body and frame design of recreational vehicles and park trailers until after the American National Standards Institute shall have published standards and specifications upon this subject. The rules shall be reasonably consistent with recognized and accepted principles of safety for body and frame design and plumbing, heating, and electrical installations, in order to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe body and frame design, construction, plumbing, heating, electrical, and other equipment and shall correlate with and, so far as practicable, conform to the then current standards and specifications of the American National Standards Institute standards A119.1 for mobile homes and commercial coaches, A119.2 for recreational vehicles, and A119.5 for park trailers.

      (3) Except as provided in RCW 43.22.436, it shall be unlawful for any person to lease, sell or offer for sale, within this state, any mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment, and after July 1, 1970, body and frame design or construction, unless such equipment, design, or construction meets the requirements of the rules provided for in this section.

      (4) Any person violating this section is guilty of a misdemeanor. Each day upon which a violation occurs shall constitute a separate violation.

      Sec. 3. RCW 43.22.432 and 2002 c 268 s 7 are each amended to read as follows:

      (1) The department may adopt all standards and regulations adopted by the secretary under the national manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for manufactured home construction and safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.

      (2) The department shall adopt rules with respect to manufactured homes that require the prior written approval of the department before changes or alterations may be made to a manufactured home that differ from the construction standards provided for in this section.

      (3) For purposes of implementing this section, by January 1, 2006, the department shall adopt requirements for manufactured homes built before June 15, 1976.

      (4) Except as provided in RCW 43.22.436, it is unlawful for any person to lease, sell, or offer for sale, within this state, a manufactured home unless the home meets the requirements of the rules provided for in this section.

      Sec. 4. RCW 46.12.290 and 1993 c 154 s 2 are each amended to read as follows:

      (1) The provisions of chapter 46.12 RCW insofar as they are not inconsistent with the provisions of chapter 231, Laws of 1971 ex. sess. or chapter 65.20 RCW apply to mobile or manufactured homes: PROVIDED, That RCW 46.12.080 and 46.12.250 through 46.12.270 shall not apply to mobile or manufactured homes.

      (2) In order to transfer ownership of a mobile home, all registered owners of record must sign the title certificate releasing their ownership. If the mobile home was manufactured before June 15, 1976, the registered owner must sign an affidavit in the form prescribed by the department of licensing that notice was provided to the purchaser of the mobile home that failure of the mobile home to meet federal housing and urban development standards or failure of the mobile home to meet a fire and safety inspection by the department of labor and industries may result in denial by a local jurisdiction of a permit to site the mobile home.

      (3) The director of licensing shall have the power to adopt such rules as necessary to implement the provisions of this chapter relating to mobile homes.

      Sec. 5. RCW 59.21.021 and 2002 c 257 s 2 are each amended to read as follows:

      (1) If a mobile home park is closed or converted to another use after December 31, 1995, eligible tenants shall be entitled to assistance on a first-come, first-serve basis. The department shall give priority for distribution of relocation assistance to tenants residing in parks that are closed as a result of park-owner fraud or as a result of health and safety concerns as determined by the local board of health. Payments shall be made upon the department's verification of eligibility, subject to the availability of remaining funds. Eligibility for relocation assistance funds is limited to low-income households. As used in this section, "low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the mobile or manufactured home is located.

      (2) Assistance for closures occurring after December 31, 1995, is limited to persons who maintain ownership of and relocate their mobile home or who dispose of a home not relocatable to a new site.

      (3) Persons who removed and disposed of their mobile home or maintained ownership of and relocated their mobile homes are entitled to reimbursement of actual relocation expenses up to ((seven)) twelve thousand dollars for a double-wide home and up to ((three)) seven thousand five hundred dollars for a single-wide home.

      (4) Any individual or organization may apply to receive funds from the mobile home park relocation fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section. Funds received from the mobile home park relocation fund shall only be used for relocation assistance expenses or other mobile/manufactured home ownership expenses, that include down payment assistance, if the owners are not planning to relocate their mobile home as long as their original home is removed from the park."

      Senators Berkey and Schoesler spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Financial Institutions, Housing & Consumer Protection to Substitute House Bill No. 1393.

      The motion by Senator Berkey carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:


      In line 1 of the title, after "homes;" strike the remainder of the title and insert "and amending RCW 46.44.170, 43.22.340, 43.22.432, 46.12.290, and 59.21.021."

 

MOTION

 

      On motion of Senator Berkey, the rules were suspended, Substitute House Bill No. 1393, as amended by the Senate 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.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1393, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1393, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, 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 Kline - 1

      SUBSTITUTE HOUSE BILL NO. 1393, as amended by the Senate, 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

 

      HOUSE BILL NO. 1405, by Representatives Kretz, Blake, Kristiansen, Sump, B. Sullivan, Holmquist, Buri, Serben, Pearson, Hasegawa, McCune, Grant, P. Sullivan, Campbell, Ahern and Haigh

 

      Extending the term of the disabled hunter and fishers advisory committee.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, House Bill No. 1405 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 House Bill No. 1405.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1405 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Absent: Senator Schoesler - 1

      HOUSE BILL NO. 1405, 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.

 

      There being no objection, the Senate resumed consideration of Engrossed House Bill No. 1068 which had been deferred earlier in the day.

 

MOTION

 

Senator Pflug moved that the following amendment by Senator Pflug be adopted.

      On page 1, line 6, after "28A.655.979" insert "and section (2)(4) of this act"

      On page 1, line 11, after "under" strike "this chapter" and insert "((this chapter)) chapter 28A.655 RCW"

      On page 2, line 4, after "districts" strike everything through "learning" and insert ", for students in at least one grade of elementary school, middle school, and high school, either diagnostic assessments that improve student learning, or an equivalent amount of funding per student to purchase district-selected diagnostic assessments from the list in subsection (3) of this section"

      On page 1, line 23 after "September 1, 2005," strike "subject to available funds,"

      On page 2, line 1, after "September 1, 2006," strike "subject to the availability of amounts appropriated for this specific purpose,"

      Renumber the sections consecutively and correct any internal references accordingly.

 

WITHDRAWAL OF AMENDMENT

 

On motion of Senator Pflug, the amendment by Senator Pflug on page 1, line 6 to Engrossed House Bill No. 1068 was withdrawn.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning, K-12 & Higher Education to Engrossed House Bill No. 1068.

      The motion by Senator McAuliffe carried and the committee 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 “assessments;” strike the remainder of the title and insert “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.”

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Engrossed House Bill No. 1068, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Rasmussen and Weinstein spoke in favor of passage of the bill.

 

POINT OF INQUIRY

 

Senator Rasmussen: “Would Senator McAuliffe yield to a question? I happen to agree that the ITBS has been a great test. It’s a great tool in our tool box of assessments. With the removal of such mandated testing, it does open the doors to diagnostic assessments to improve student learning. My question to you is: Does this require that OSPI to make diagnostic assessments test available for students in at one grade of elementary, middle school and high school? Will OSPI work with districts to provide district selective diagnostic assessment?”

Senator McAuliffe: “Senator Rasmussen, I will work with you and other members of this body to assure you that OSPI will develop that diagnostic assessments for elementary, middle school and high school within the funds that we provide for them. I do believe that this is very important, I know it’s important to other Senators in this body and I would hope to work with them as well to assure you and them that we can do this.”

 

      Senators Johnson, Schmidt, Zarelli and Finkbeiner 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 House Bill No. 1068, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed House Bill No. 1068, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brandland, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Shin, Spanel, Thibaudeau and Weinstein - 27

      Voting nay: Senators Benson, Benton, Carrell, Deccio, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Sheldon, Stevens, Swecker and Zarelli - 22

      ENGROSSED HOUSE BILL NO. 1068, as amended by the Senate, 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 Pflug: “Ladies and gentlemen of the Senate. We have a number of weeks to go and I would like to make a comment and make a request. That last bill has been something that we have negotiated on for weeks now. A number of us have been working on it very hard today in good faith. We had come to an agreement and I withdrew my amendment on the agreement that there would be a colloquy on the floor. Now, ladies and gentlemen of the Senate, when you ask a question in a colloquy the answer is ‘Yes’ or the answer is ‘No.’ The answer not, ‘I will work with you.’ When the question is: ‘Does this mean that OSPI will?’ The answer is not: ‘I will work with you.’ That is not negotiating in good faith.”

REMARKS BY THE PRESIDENT

 

President Owen: “Senator Pflug, a point of personal privilege is something that effects you personally and is not to be used to debate an issue on the floor.”

 

PERSONAL PRIVILEGE

 

Senator Pflug: “No, I’m not intending to debate an issue. I would like, my comments are intended to be about the process. Thank you, Mr. President. In addition, then, I think that we have kind of had a tendency to alternate our comments in debate from one side of the aisle to the other just as a matter of courtesy. Having spent most of the day working in good faith on this bill, I didn’t, I thought that’s what we were doing. And so, having risen three times in a row to speak, but having it be someone else’s turn, I had no problem with another member from the other side of the aisle rising to speak ahead of me. However, when you then call the question and you vote on the bill without allowing those who’ve been most involved to even speak to it. I think that this doesn’t bode well for our process or for respecting each other. And considering that we have several weeks to go and that we like to continue negotiating in good faith, I would just ask the body to keep this in mind as we go forward. That we negotiate better when we keep our agreements and that we have debate better when it goes with some trust back and forth. Thank you, Mr. President.”

 

SECOND READING

 

      HOUSE BILL NO. 1625, by Representatives Clibborn, Condotta, Lantz, Armstrong, Morrell, Hinkle, Buri, Bailey, Grant, Pettigrew, Linville, Priest, Moeller, Simpson, Williams, Tom, Ericks, P. Sullivan, Darneille, Kilmer, Kagi, Hunter, O'Brien, Jarrett and Morris

 

      Modifying employer disclosure of employee information.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1625 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

 

MOTION


 

On motion of Senator Thibaudeau, Senator Prentice was excused.

 

      The President declared the question before the Senate to be the final passage of House Bill No. 1625.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1625 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, 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

      Absent: Senator Kline - 1

      HOUSE BILL NO. 1625, 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.

 

RULING BY THE PRESIDENT

 

President Owen: “In ruling upon the point of order raised by Senator Pridemore that amendment number 448 to the committee striking amendment is beyond the scope and object of the underlying bill, the President finds and rules as follows:

      The President begins by reminding the body again that, while the title of a bill is instructive, it is the subject matter in the substantive text that is controlling for scope and object analysis, never the title.

      Both the underlying bill and the committee amendment relate to the establishment of a pilot high-occupancy toll lane project on State Route 167. By contrast, amendment 448 would restrict the operation of high-occupancy vehicle, or carpool, lanes in higher-population counties bordering Oregon. This is an expansion clearly not contemplated by the measure before us, which applies only to one pilot project involving different types of lanes in a specific area of the state. For these reasons, Senator Pridemore’s point is well-taken. The amendment is beyond the scope and object of the bill and not properly before us.”

 

      The Senate resumed consideration of Substitute House Bill No. 1179.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Substitute House Bill No. 1179.

      The motion by Senator Haugen carried and the committee 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 "lanes;" strike the remainder of the title and insert "amending RCW 43.84.092; reenacting and amending RCW 42.17.310, 42.17.310, and 43.84.092; adding new sections to chapter 47.56 RCW; adding a new section to chapter 47.66 RCW; creating new sections; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency."

 

MOTION

 

      On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 1179, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Benton 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 House Bill No. 1179, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1179, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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, Weinstein and Zarelli - 47

      Voting nay: Senators Benson and Mulliken - 2

      SUBSTITUTE HOUSE BILL NO. 1179, as amended by the Senate, 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

 

      HOUSE BILL NO. 1125, by Representatives Serben, Lantz, Priest, Shabro and Ahern

 

      Managing trusts and estates.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, House Bill No. 1125 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline, Johnson, Spanel and Benson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of House Bill No. 1125.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of House Bill No. 1125 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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 - 49

      HOUSE BILL NO. 1125, 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

 

      SUBSTITUTE HOUSE BILL NO. 1196, by House Committee on Financial Institutions & Insurance (originally sponsored by Representatives Kirby, Roach, Simpson and Chase)

 

      Including the longshore and harbor workers' compensation account within the Washington insurance guaranty association.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1196 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Regala, Senator Shin was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1196.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1196 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, Deccio, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Shin - 1

      SUBSTITUTE HOUSE BILL NO. 1196, 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, Senators Finkbeiner and Honeyford were excused.

 

SECOND READING

 

      HOUSE BILL NO. 1944, by Representatives Hunt and Williams

 

      Allowing raffles conducted by state employees.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, House Bill No. 1944 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles spoke in favor of passage of the bill.

 

PARLIAMENTARY INQUIRY

 

Senator McCaslin: “Does this require sixty percent vote because of expanding gambling?”

 

      Senator Kohl-Welles spoke against the point of parliamentary inquiry.

 

MOTION

 

On motion of Senator Eide, House Bill No. 1944 was deferred and the bill held its place on the second reading calendar.

 

SECOND READING

 

      SUBSTITUTE HOUSE BILL NO. 1491, by House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives B. Sullivan, Kretz, Upthegrove, Orcutt, Eickmeyer and Buck)

 

      Reorganizing aquatic lands statutes.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1491 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 Hewitt, Senator Mulliken was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1491.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1491 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 2; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 46

      Absent: Senators Kline and Pridemore - 2


      Excused: Senator Shin - 1

      SUBSTITUTE HOUSE BILL NO. 1491, 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

 

      SECOND SUBSTITUTE HOUSE BILL NO. 1188, by House Committee on Appropriations (originally sponsored by Representatives Murray, Woods, Conway, O'Brien, Ericks, Condotta, Wood, Simpson, Campbell, P. Sullivan, Lovick, Williams, Chase, Hinkle and Ormsby)

 

      Negotiating state patrol officer wages and wage-related matters. Revised for 2nd Substitute: Negotiating state patrol officer wages, wage-related matters, and nonwage matters.

 

      The measure was read the second time.

 

MOTION

 

      Senator Haugen moved that the following committee striking amendment by the Committee on Transportation be adopted.

      Strike everything after the enacting clause and insert the following:

      "Sec. 6. RCW 41.56.473 and 1999 c 217 s 3 are each amended to read as follows:

      (1) In addition to the entities listed in RCW 41.56.020, this chapter applies to the ((Washington)) state ((patrol)) with respect to the officers of the Washington state patrol appointed under RCW 43.43.020((. Subjects of bargaining include wage-related matters)), except that the ((Washington)) state ((patrol)) is prohibited from negotiating ((rates of pay or wage levels and)) any matters relating to retirement benefits or health care benefits or other employee insurance benefits.

      (2) For the purposes of negotiating, the state shall be represented by the chief of the Washington state patrol.

      (3) The chief of the Washington state patrol shall consult with the governor or the governor's designee regarding employment relations.

      (4) The negotiation of provisions pertaining to wages and wage-related matters in a collective bargaining agreement between the ((Washington)) state ((patrol)) and the Washington state patrol officers is subject to the following:

      (a) The chief of the Washington state patrol must periodically consult with a subcommittee of the joint committee on employment relations created in RCW 41.80.010(5) which shall consist of the four members appointed to the joint committee with leadership positions in the senate and the house of representatives, and the chairs and ranking minority members of the senate transportation committee and the house transportation committee, or their successor committees. The subcommittee must be consulted regarding the appropriations necessary to implement these provisions in a collective bargaining agreement and, on completion of negotiations, must be advised on the elements of these provisions.

      (b) Provisions that are entered into before the legislature approves the funds necessary to implement the provisions must be conditioned upon the legislature's subsequent approval of the funds.

      (5) The governor shall submit a request for funds necessary to implement the wage and wage-related matters in the master collective bargaining agreement or for legislation necessary to implement the agreement. Requests for funds necessary to implement the provisions of bargaining agreements may not be submitted to the legislature by the governor unless such requests:

      (a) Have been submitted to the director of financial management by October 1st before the legislative session at which the requests are to be considered; and

      (b) Have been certified by the director of financial management as being feasible financially for the state or reflects the decision of an arbitration panel reached under RCW 41.56.475.

      Sec. 7. RCW 41.56.475 and 1999 c 217 s 4 are each amended to read as follows:

      In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:

      (1) The mediator or arbitration panel may consider only matters that are subject to bargaining under RCW 41.56.473.

      (2) The decision of an arbitration panel is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to wages and wage-related matters of an arbitrated collective bargaining agreement, is not binding on the state or the Washington state patrol.

      (3) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

      (a) The constitutional and statutory authority of the employer;

      (b) Stipulations of the parties;

      (c) Comparison of the hours and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

      (d) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

      (e) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under RCW 41.56.473."

      Senator Haugen spoke in favor of adoption of the committee striking amendment.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Transportation to Second Substitute House Bill No. 1188.

      The motion by Senator Haugen carried and the committee striking amendment was adopted by voice vote.

 

MOTION

 

      There being no objection, the following title amendment was adopted:

      In line 2 of the title, after "matters;" strike the remainder of the title and insert "and amending RCW 41.56.473 and 41.56.475."

 

MOTION

 

      On motion of Senator Haugen, the rules were suspended, Second Substitute House Bill No. 1188, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Swecker and Delvin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute House Bill No. 1188, as amended by the Senate.

 

ROLL CALL

 


      The Secretary called the roll on the final passage of Second Substitute House Bill No. 1188, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Shin - 1

      SECOND SUBSTITUTE HOUSE BILL NO. 1188, as amended by the Senate. 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

 

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1079, by House Committee on Higher Education (originally sponsored by Representatives Kagi, Kenney, Chase, Dickerson and Schual-Berke)

 

      Establishing a foster youth postsecondary education and training coordination committee. Revised for 1st Substitute: Regarding postsecondary education and training support for foster youth.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute House Bill No. 1079 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe, Jacobsen and Schmidt spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute House Bill No. 1079.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1079 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, Deccio, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Shin - 1

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1079, 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

 

      SUBSTITUTE HOUSE BILL NO. 1945, by House Committee on Commerce & Labor (originally sponsored by Representatives Holmquist, Simpson, Curtis, Condotta, Dunshee and Darneille)

 

      Providing assistance in identifying recalled sprinkler system parts.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 1945 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kohl-Welles and Parlette spoke in favor of passage of the bill.

 

MOTION

 

On motion of Senator Spanel, Senator Fairley was excused.

 

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1945.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1945 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, Deccio, Delvin, Doumit, Eide, Esser, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Fairley and Shin - 2

      SUBSTITUTE HOUSE BILL NO. 1945, 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

 

      SUBSTITUTE HOUSE BILL NO. 1117, by House Committee on Transportation (originally sponsored by Representatives Ericksen, Linville, Newhouse, Buri, Strow and B. Sullivan)

 

      Increasing the highway weight limit for the movement of certain farm implements. Revised for 1st Substitute: Modifying provisions for the transport of farm implements on highways.

 

      The measure was read the second time.

 

MOTION

 

      On motion of Senator Jacobsen, the rules were suspended, Substitute House Bill No. 1117 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.


      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1117.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1117 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, Deccio, Delvin, Doumit, Eide, Esser, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Fairley and Shin - 2

      SUBSTITUTE HOUSE BILL NO. 1117, 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

 

      SUBSTITUTE HOUSE BILL NO. 1951, by House Committee on Education (originally sponsored by Representatives Quall, Talcott, Haler, Morrell, Campbell, O'Brien, Hankins, Kagi and McDermott)

 

      Regarding vision exams for school-aged children.

 

      The measure was read the second time.

 

MOTION

 

      Senator McAuliffe moved that the following committee striking amendment by the Committee on Early Learning, K-12 & Higher Education be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that:

      (1) Vision is one of the primary senses used in the early learning process;

      (2) Vision problems affecting preschool and school-age children can impact a child's ability to learn;

      (3) Economically disadvantaged children have less access to health care and therefore, may have a proportionally greater likelihood of having undiagnosed vision problems that may affect their ability to learn;

      (4) Vision problems in young children can be misinterpreted as neurodevelopmental delay or as learning disabilities; and

      (5) Current screening for visual acuity at distance is insufficient to detect all vision defects.

      NEW SECTION. Sec. 2. (1) The department of health shall convene a work group to reevaluate visual screening of children in public schools and make any recommendations regarding changes to the rules. In developing its recommendations, the work group shall, at a minimum:

      (a) Consider the benefits of complete eye exams on public school children;

      (b) Consider when visual screening, complete eye exams, or both should take place in preschool or kindergarten through high school in order to ensure children are best prepared for the learning environment; and

      (c) Consider what screening techniques would be appropriate in a school setting.

      (2) In developing the recommendations, the department of health shall consult with the office of the superintendent of public instruction, the state board of health, the optometric physicians of Washington, and the Washington academy of eye physicians and surgeons.

      (3) The work group shall make its recommendations to the legislature by December 1, 2005.

      (4) The department of health shall use existing resources to accomplish the goals of this section."

      Senator McAuliffe spoke in favor of adoption of the committee striking amendment.

 

MOTION

 

      Senator McAuliffe moved that the following amendment to the committee striking amendment be adopted.

      On page 2 line 4 of the amendment, strike "its recommendations" and insert "a preliminary report"

      On page 2 line 5 of the amendment, after "legislature" insert "and the state board of health"

      On page 2 line 5 of the amendment, after "2005." insert "the work group shall make final recommendations to the legislature and to the state board of health by December 1, 2006."

      On page 2 line 6 of the amendment, beginning with "The" strike everything through "section." on line 7 of the amendment and insert "If specific funding for this act is not referenced by bill or chapter numbering in the biennial omnibus appropriations act by June 30, 2005, this act is null and void."

      Senator McAuliffe spoke in favor of adoption of the amendment to the committee striking amendment.

      The President declared the question before the Senate to be the adoption of the amendment to the committee striking amendment.

      The motion by Senator McAuliffe carried and the amendment to the committee striking amendment was adopted by voice vote.

 

      The President declared the question before the Senate to be the adoption of the committee striking amendment by the Committee on Early Learning, K-12 & Higher Education as amended to Substitute House Bill No. 1951.

      The motion by Senator McAuliffe carried and the committee striking amendment as amended 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 "children;" strike the remainder of the title and insert "and creating new sections."

 

MOTION

 

      On motion of Senator McAuliffe, the rules were suspended, Substitute House Bill No. 1951, as amended by the Senate was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Schmidt spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute House Bill No. 1951, as amended by the Senate.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute House Bill No. 1951, as amended by the Senate and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Deccio, 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, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 48

      Excused: Senator Shin - 1

      SUBSTITUTE HOUSE BILL NO. 1951, as amended by the Senate, 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 McAuliffe: “As chair of the Lebanese Caucus I and Senator Doumit have prepared an appetizer event with Lebanese food cooked by his nephew, Michael. The Tabbouleh salad is mine and we are asking the Senate to join us at 5:30 p.m. It’s kind of a stop in and leave. We’d like to invite all of you to come and, including the Lt. Governor, in Lisa Browns office. Thank you very much, Senator Brown.”

 

PERSONAL PRIVILEGE

 

Senator Deccio: “I object to the remarks made by the last speaker – she told me she was Italian.”

 

MOTION

 

      At 5:31 p.m., on motion of Senator Eide, the Senate adjourned until 9:00 a.m. Thursday, April 7, 2005.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate