THIRTY-FOURTH DAY

MORNING SESSION

Senate Chamber, Olympia, Saturday, February 11, 2006

      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 with the exception Senators Benton, Brandland, Deccio, Finkbeiner, Hargrove, Pflug, Roach and Thibaudeau.

      The Sergeant at Arms Color Guard consisting of Pages Delia Orosco and Maria Orosco, presented the Colors. Senator Morton 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 6894             by Senators Jacobsen, Honeyford, Sheldon, Weinstein and Berkey

AN ACT Relating to gambling commission background checks; and creating a new section.

Referred to Committee on Labor, Commerce, Research & Development.

SB 6895             by Senator Benton

AN ACT Relating to unemployment insurance exemptions for religious organizations; and adding a new section to chapter 50.44 RCW.

Referred to Committee on Labor, Commerce, Research & Development.

SJM 8041           by Senators Roach, Rasmussen, McCaslin, Kastama, Honeyford, Zarelli, Stevens, Jacobsen, Sheldon, Hargrove, Morton, Mulliken, Benson, Finkbeiner, Parlette, Pflug, Benton, Schoesler, Schmidt and Hewitt

Requesting that Congress pass the Right-to-Ride Livestock on Federal Land Act of 2005.

Referred to Committee on Natural Resources, Ocean & Recreation.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

ESHB 1010        by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Hudgins, Morrell, Linville, B. Sullivan, McCoy and Chase)

AN ACT Relating to energy efficiency and renewable energy; and adding a new chapter to Title 19 RCW.

Referred to Committee on Water, Energy & Environment.

E3SHB 1484      by House Committee on Finance (originally sponsored by Representatives Hunter, Jarrett, Haigh, Tom, McDermott, McIntire, Simpson, P. Sullivan, Kagi and Chase)

AN ACT Relating to county property tax levies for school purposes; amending RCW 29A.36.210, 84.52.043, and 84.55.005; adding a new section to chapter 84.52 RCW; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 1986          by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Roberts, Buri, Kenney, Cox and Morrell)

AN ACT Relating to reviewing and prioritizing tuition waivers; and creating new sections.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2395          by House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Dickerson, Williams, Hasegawa, Darneille, Morrell, Roberts, Kagi, Flannigan, B. Sullivan and Miloscia)

AN ACT Relating to protocols for addressing the impact of domestic violence on children; amending RCW 26.44.020; adding new sections to chapter 26.44 RCW; creating a new section; and providing an effective date.

Referred to Committee on Human Services & Corrections.

SHB 2414          by House Committee on Education (originally sponsored by Representatives Haler, Talcott and McCune)

AN ACT Relating to local control of student assessments in grades three, five, six, and eight to meet federal requirements for Washington's academic assessment system; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2423          by House Committee on Education (originally sponsored by Representatives Anderson, Talcott, Rodne and Hunter)

AN ACT Relating to creating a comprehensive guidance, counseling, and planning program in schools; adding a new section to chapter 28A.600 RCW; and creating new sections.

Referred to Committee on Early Learning, K-12 & Higher Education.

HB 2465            by Representatives Lovick, Kessler, P. Sullivan, Haler and O'Brien

AN ACT Relating to vehicle equipment standards related to original equipment installed; and amending RCW 46.37.010, 46.37.070, and 46.37.200.

Referred to Committee on Transportation.

HB 2466            by Representatives Lovick, McCoy, Conway, Haler, Sells, Morris, Dunshee, Ericks, Morrell, O'Brien and Green

AN ACT Relating to providing excise tax relief for aerospace businesses; amending RCW 82.04.250, 82.32.590, 82.32.600, and 82.04.4463; reenacting and amending RCW 82.32.330; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.04 RCW; adding new sections to chapter 82.32 RCW; creating a new section; providing effective dates; and providing expiration dates.

Referred to Committee on International Trade & Economic Development.

E2SHB 2489      by House Committee on Appropriations (originally sponsored by Representatives Hunter, Jarrett, P. Sullivan, Springer, Morrell, Tom, Simpson, Miloscia, O'Brien, Roberts and Green)

AN ACT Relating to providing assistance to students who are not on track to graduate from high school on time; amending RCW 28A.230.195, 28A.655.061, 28A.655.070, and 28A.655.200; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28A.300 RCW; recodifying RCW 28A.230.195; and declaring an emergency.

Referred to Committee on Early Learning, K-12 & Higher Education.

ESHB 2507        by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Kenney, Shabro, Hasegawa, Morrell, Rodne, Lantz and Ormsby)

AN ACT Relating to degree-granting institutions of higher education; amending RCW 28B.85.010, 28B.85.020, and 28B.85.040; adding a new section to chapter 28B.85 RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Early Learning, K-12 & Higher Education.

E2SHB 2582      by House Committee on Appropriations (originally sponsored by Representatives Upthegrove, Hunter, Appleton, Hasegawa, Quall, Clibborn, Simpson, Green, Ormsby, Kenney, Hudgins and Kagi)

AN ACT Relating to high school completion programs; amending RCW 28B.50.535, 28A.230.120, 28A.655.061, 28B.15.520, and 28B.15.067; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 28A.600 RCW; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

2SHB 2583        by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Conway, Hasegawa, Roberts, Appleton, Upthegrove, Morrell, Linville, Hunt, Dickerson and Ormsby)

AN ACT Relating to community and technical college part-time academic employee health care benefits; adding a new section to chapter 41.05 RCW; adding a new section to chapter 28B.50 RCW; and creating a new section.

Referred to Committee on Labor, Commerce, Research & Development.

2SHB 2595        by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Hasegawa, Hankins, Roberts, McIntire, Fromhold, Kilmer, Morrell, Rodne, Santos, Clibborn, Ormsby, O'Brien, Jarrett, Walsh, Conway, Wood, Kessler, Linville, Kagi, Appleton, Green, McCoy, Blake, Lantz, Sells, Campbell, P. Sullivan, Simpson, Schual-Berke, McDonald, Haigh, Dickerson, Moeller, Springer and Wallace)

AN ACT Relating to academic employee salary increments for community and technical colleges; adding new sections to chapter 28B.50 RCW; and creating a new section.

Referred to Committee on Labor, Commerce, Research & Development.

HB 2597            by Representatives Kenney, Cox, Sells, Hasegawa, Fromhold, Rodne, McCoy, Jarrett, Morrell, Conway, Ormsby and Clibborn

AN ACT Relating to private vocational school programs; amending RCW 28C.10.020, 28C.10.050, and 28C.10.120; adding a new section to chapter 28C.10 RCW; and providing an effective date.

Referred to Committee on Early Learning, K-12 & Higher Education.

E2SHB 2630      by House Committee on Appropriations (originally sponsored by Representatives Kenney, Cox, Kessler, Priest, Conway, Hunter, Buri, Fromhold, Sells, Grant, Ormsby, Quall, Haigh, Clements, Roberts, Upthegrove, McDermott, Hasegawa, Santos, Flannigan, Appleton, Rodne, Clibborn, Simpson, Linville, Kagi, Dickerson, P. Sullivan, Morrell, Moeller, Ericks and Kilmer)

AN ACT Relating to postsecondary education, including creating the opportunity grant program; adding new sections to chapter 28B.50 RCW; creating new sections; and providing an expiration date.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2733          by House Committee on Education (originally sponsored by Representatives P. Sullivan, Simpson, Haler, McCoy, Schual-Berke, Curtis, Green and Morrell)

AN ACT Relating to information on high school transcripts; and amending RCW 28A.305.220 and 28A.655.061.

Referred to Committee on Early Learning, K-12 & Higher Education.

E2SHB 2785      by House Committee on Appropriations (originally sponsored by Representatives Quall, Tom, P. Sullivan, Hunter, Morrell, Nixon, Rodne, Roberts, Schual-Berke, Simpson, Springer, Sells, Lantz, Linville, Dunshee and Kagi)

AN ACT Relating to authorizing alternative methods of assessment and appeal processes for the certificate of academic achievement; amending RCW 28A.655.061; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28C.04 RCW; and creating new sections.

Referred to Committee on Early Learning, K-12 & Higher Education.

2SHB 2789        by House Committee on Appropriations (originally sponsored by Representatives Quall, Conway, Wood, Hasegawa, Haigh, Ormsby, Murray, Chase, Kessler, Morrell, Green, Roberts, McCoy, Moeller, Simpson, Sells, Lantz, McDermott, Ericks, Hankins, Kagi and Hudgins)

AN ACT Relating to expanding opportunities for graduating secondary school students to enter apprenticeships; amending RCW 28B.15.067; adding new sections to chapter 49.04 RCW; adding a new section to chapter 28C.04 RCW; and providing an expiration date.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2812          by House Committee on Appropriations (originally sponsored by Representatives Hunter, Rodne, Quall, Nixon, P. Sullivan, Jarrett, Clibborn, Tom, Morrell, Fromhold, Roberts, Schual-Berke, Simpson, Anderson and Kagi)

AN ACT Relating to school district levies; amending RCW 84.52.0531; and amending 2004 c 21 s 3 (uncodified).

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2817          by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Sells, McCoy, Strow, Dunshee, Lovick, Jarrett, Morris, Ormsby, Morrell, Haler, O'Brien, Fromhold, Ericks, Kilmer and B. Sullivan)

AN ACT Relating to establishing a state priority and state objectives for access, enrollment, delivery, and degree achievements in the fields of engineering, technology, biotechnology, science, computer science, and mathematics in higher education; and adding new sections to chapter 28B.10 RCW.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2836          by House Committee on Appropriations (originally sponsored by Representatives Sommers, Kagi, Green and Kilmer)

AN ACT Relating to funding for reading achievement; reenacting and amending RCW 43.79A.040; and adding a new section to chapter 43.79 RCW.

Referred to Committee on Ways & Means.

SHB 2867          by House Committee on Appropriations (originally sponsored by Representatives Kenney, Haler, Grant, Hankins, Cox, Sells, Roberts, Fromhold, Armstrong, Walsh, Skinner and Newhouse)

AN ACT Relating to expanding access to baccalaureate degree programs at Washington State University Tri-Cities; and amending RCW 28B.45.030.

Referred to Committee on Early Learning, K-12 & Higher Education.

2SHB 2964        by House Committee on Appropriations (originally sponsored by Representatives Kagi, Talcott, Walsh, Quall, Haler, Shabro, Fromhold, Kessler, Hunt, Appleton, Lantz, Darneille, Kenney, Chase, Hasegawa, Sells, Roberts, Hunter, Moeller, McCoy, Santos, Green and Simpson)

AN ACT Relating to a department of early learning; amending RCW 43.17.010, 42.17.2401, 41.04.385, 74.13.085, 74.13.0902, 74.13.0903, 74.13.098, 74.13.099, 74.15.350, 74.12.340, 74.08A.340, 28A.215.110, 28A.215.120, 43.63A.066, 74.15.030, 74.15.100, and 74.15.130; reenacting and amending RCW 43.17.020 and 74.15.020; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 74.13.097, 74.13.098, 74.13.099, 74.15.063, 74.15.310, 74.15.320, 74.15.330, 74.15.340, 74.15.350, 28A.215.100, 28A.215.110, 28A.215.120, 28A.215.130, 28A.215.140, 28A.215.150, 28A.215.160, 28A.215.170, 28A.215.180, 28A.215.190, 28A.215.200, 28A.215.900, 28A.215.904, 28A.215.906, and 28A.215.908; prescribing penalties; and providing an effective date.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2973          by House Committee on Education (originally sponsored by Representatives Priest, Ormsby, Kenney, Kagi, Hasegawa, P. Sullivan, Moeller, Santos and Springer)

AN ACT Relating to creating a career and technical high school graduation option for students meeting state standards in fundamental academic content areas; amending RCW 28A.230.090, 28A.230.100, and 28A.225.290; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28C.04 RCW; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 2976          by House Committee on Appropriations (originally sponsored by Representatives Sommers, Hasegawa, Linville, P. Sullivan, Quall, Kenney and Conway)

AN ACT Relating to implementing a collective bargaining agreement with Western Washington University; amending 2005 c 518 s 963 (uncodified); and declaring an emergency.

Referred to Committee on Ways & Means.

SHB 2985          by House Committee on Children & Family Services (originally sponsored by Representatives Schual-Berke, Clibborn, Appleton, Moeller, Green, Cody, Morrell, Walsh, McIntire, Kagi, Kenney, Hasegawa and Simpson)

AN ACT Relating to creating a foster care health unit in the department of social and health services; amending RCW 74.13.031; adding a new section to chapter 13.34 RCW; adding a new section to chapter 74.13 RCW; and creating a new section.

Referred to Committee on Human Services & Corrections.

SHB 2989          by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Kenney, Cox, Sells, Chase, Ericks, Hasegawa, Takko, Haler, Rodne, Hunter, Quall, McCoy, Santos, Green, Schual-Berke, Springer, Dickerson, Simpson and Hudgins)

AN ACT Relating to establishing the Washington teach math-science program to increase the number and enhance the preparation of secondary school mathematics and science teachers; amending RCW 28B.102.040, 28B.102.060, and 28A.660.050; reenacting and amending RCW 43.79A.040; adding a new section to chapter 28B.76 RCW; adding a new chapter to Title 28B RCW; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

ESHB 2998        by House Committee on Education (originally sponsored by Representatives P. Sullivan, Simpson, Santos, McCoy, Chase, Morrell, B. Sullivan, Hasegawa, Kenney and Green)

AN ACT Relating to the high school assessment system; and creating new sections.

Referred to Committee on Early Learning, K-12 & Higher Education.

HB 3028            by Representatives P. Sullivan, Cox, Quall, Hunt, Buri, Pearson, Ormsby, Fromhold, Anderson, Chase, Kessler, Lantz, Simpson, Sells, Appleton, Talcott, Green, Conway, Rodne, Woods, Morrell, Kilmer, B. Sullivan, Santos, Hasegawa, Kenney and Hudgins

AN ACT Relating to classified school employees; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 3087          by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Ormsby, Sells, Kenney, Cox, Buri, Fromhold, Hasegawa, Morrell, McCoy, Upthegrove, Ericks, Darneille, Rodne, Chase, Conway, Kessler, Dunn, Green and Lantz)

AN ACT Relating to cost savings on course materials for students at state universities, regional universities, and The Evergreen State College; adding a new section to chapter 28B.10 RCW; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

E2SHB 3098      by House Committee on Capital Budget (originally sponsored by Representatives McDermott, Talcott and Quall)

AN ACT Relating to transferring duties of the reconstituted state board of education; amending RCW 28A.305.130, 28A.305.035, 28A.300.040, 28A.305.011, 28A.150.230, 28A.505.140, 28A.525.020, 28A.525.030, 28A.525.050, 28A.525.055, 28A.525.070, 28A.525.080, 28A.525.090, 28A.525.162, 28A.525.164, 28A.525.166, 28A.525.168, 28A.525.170, 28A.525.172, 28A.525.174, 28A.525.176, 28A.525.178, 28A.525.180, 28A.525.190, 28A.525.200, 28A.525.216, 28A.150.260, 28A.335.160, 28A.540.050, 28A.150.530, 28A.335.210, 28A.335.230, 28A.540.070, 28A.305.220, 28A.230.100, 28A.230.170, 28A.305.170, 28A.230.130, 28A.205.010, 28A.215.010, 28A.215.020, 28A.205.040, 28A.215.140, 28A.230.020, 28A.230.040, 28A.230.050, 28A.315.175, 28A.315.195, 28A.315.205, 28A.315.015, 28A.315.025, 28A.315.055, 28A.315.085, 28A.315.125, 28A.315.185, 28A.305.210, 28A.310.080, 28A.310.030, 28A.310.050, 28A.310.060, 28A.310.090, 28A.310.100, 28A.310.140, 28A.310.150, 28A.310.200, 28A.310.310, 28A.323.020, 28A.323.040, 28A.305.160, 28A.150.300, 28A.225.160, 28A.300.150, 28A.600.020, 28A.600.030, 28A.625.360, 28A.225.330, 28A.405.110, 28A.415.010, 28A.415.020, 28A.415.024, 28A.415.025, 28A.415.105, 28A.415.125, 28A.415.130, 28A.415.145, 28A.660.040, 28A.690.020, 28A.300.050, 28A.625.370, 28A.625.380, 28A.625.390, 28A.600.010, 28A.225.280, 28A.600.200, 28A.160.210, 28A.160.100, 28A.210.070, 28A.210.160, 28A.335.100, 28A.335.120, 28A.320.240, 28A.155.060, 28A.600.130, and 28A.650.015; reenacting and amending RCW 28A.330.100 and 28A.630.400; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 28A.545 RCW; adding a new section to chapter 28A.230 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.405 RCW; creating new sections; recodifying RCW 28A.305.220, 28A.305.170, and 28A.305.160; decodifying RCW 28A.525.120, 28A.525.122, 28A.525.124, 28A.525.126, 28A.525.128, 28A.525.130, 28A.525.132, 28A.525.134, 28A.525.140, 28A.525.142, 28A.525.144, 28A.525.146, 28A.525.148, 28A.525.150, 28A.525.152, 28A.525.154, 28A.525.156, 28A.525.158, 28A.525.160, and 28A.525.182; providing an effective date; and providing an expiration date.

Referred to Committee on Early Learning, K-12 & Higher Education.

SHB 3113          by House Committee on Higher Education & Workforce Education (originally sponsored by Representatives Sells, Kenney, Strow, McCoy, Haler, Dunshee, B. Sullivan, Lovick, Roberts and Hasegawa)

AN ACT Relating to expanding access to higher education in north Snohomish, Island, and Skagit counties using the university center model; creating new sections; and providing an effective date.

Referred to Committee on Early Learning, K-12 & Higher Education.

2SHB 3115        by House Committee on Appropriations (originally sponsored by Representatives Darneille, Talcott, Morrell, Green, McDonald, Ormsby, Simpson and Roberts)

AN ACT Relating to establishing a foster parent critical support and retention program; and creating new sections.

Referred to Committee on Human Services & Corrections.

HB 3139            by Representatives Pettigrew, Haler, Dickerson, Kagi, Dunn, Walsh, Darneille, Roberts, Hinkle, Morrell and Kenney

AN ACT Relating to kinship caregivers' consent for mental health care of minors; and amending RCW 7.70.065, 71.34.020, 71.34.500, and 71.34.530.

Referred to Committee on Human Services & Corrections.

SHB 3182          by House Committee on Children & Family Services (originally sponsored by Representatives Pettigrew and Santos)

AN ACT Relating to tribal foster care licensing; amending RCW 74.15.190; and reenacting and amending RCW 74.15.020.

Referred to Committee on Human Services & Corrections.

HB 3215            by Representatives Cox, Newhouse, Ormsby and Kenney

AN ACT Relating to teacher retention in rural school districts; and creating a new section.

Referred to Committee on Early Learning, K-12 & Higher Education.

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 advanced to the sixth order of business.

MOTION

On motion of Senator McCaslin, Senator Morton was excused.

MOTION

On motion of Senator Schoesler, Senators Swecker, Honeyford, Roach, Finkbeiner, Benton, Pflug, Brandland and Deccio were excused.

SECOND READING

      SENATE BILL NO. 6225, by Senators Rasmussen, Honeyford, Haugen, Morton, Hewitt, Rockefeller, Pflug, Parlette, Shin and Oke

      Regulating the installation, repair, and maintenance of domestic well water systems. Revised for 1st Substitute: Regulating the business of installing, repairing, and maintaining domestic water pumping systems.

MOTIONS

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6225 was substituted for Senate Bill No. 6225 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 6225 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

MOTION

On motion of Senator Regala, Senators Hargrove, Jacobsen and Thibaudeau were excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6225.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6225 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 0; Excused, 8.

      Voting yea: Senators Benson, Berkey, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Weinstein and Zarelli - 41

      Excused: Senators Benton, Brandland, Deccio, Finkbeiner, Hargrove, Pflug, Roach and Thibaudeau - 8

      SUBSTITUTE SENATE BILL NO. 6225, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6244, by Senators Rockefeller, Morton, Poulsen, Fairley, Kline, Shin, Kohl-Welles and Spanel

      Changing provisions relating to oil spill prevention, preparedness, and response.

MOTION

      On motion of Senator Rockefeller, Substitute Senate Bill No. 6244 was substituted for Senate Bill No. 6244 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Rockefeller moved that the following striking amendment by Senator Rockefeller be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 88.46 RCW to read as follows:

      (1) The department's rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department.

      (2) The rules may require prior notice be provided before an oil transfer, regulated under this chapter, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer. The rules may not require prior notice when marine fuel outlets are transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel and the transfers are scheduled less than four hours in advance. However, this section shall not be construed to prevent the department from requiring prior notice on a case-by-case basis when elevated risks have been documented.

      (3) The department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet.

      (4) The rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment. However, these measures must be scaled appropriately to the risks posed by the oil transfer.

      (5) The rules shall include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state.

      NEW SECTION. Sec. 2. A new section is added to chapter 88.46 RCW to read as follows:

      In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or section 1 of this act.

      NEW SECTION. Sec. 3. A new section is added to chapter 88.46 RCW to read as follows:

      If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3).

      NEW SECTION. Sec. 4. A new section is added to chapter 88.46 RCW to read as follows:

      The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060. The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual contingency plans. The department shall review and publish a report on the drills, including an assessment of response time and available equipment and personnel compared to those listed in the contingency plans relying on the responding entities, and requirements, if any, for changes in the plans or their implementation. The department may require additional drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective implementation.

      NEW SECTION. Sec. 5. 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."

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

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Rockefeller to Substitute Senate Bill No. 6244.

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

MOTION

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

      On page 1, line 2 of the title, after "response;" strike the remainder of the title and insert "and adding new sections to chapter 88.46 RCW."

MOTION

      On motion of Senator Rockefeller, the rules were suspended, Engrossed Substitute Senate Bill No. 6244 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.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6244.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6244 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.

      Voting yea: Senators Benson, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 40

      Absent: Senators Berkey, Haugen and McAuliffe - 3

      Excused: Senators Benton, Brandland, Deccio, Finkbeiner, Hargrove and Pflug - 6

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, 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

Senator McAuliffe: I would like the Journal to reflect that I support Engrossed Substitute Senate Bill No. 6244 regarding oil spill prevention. I inadvertently missed the vote on the bill while working on other legislation; I would have voted "Yes" on final passage of the bill.

SENATOR MCAULIFFE, 1st Legislative District

STATEMENT FOR THE JOURNAL

Senator Berkey: I missed the roll call on the final passage of Engrossed Substitute Senate Bill No. 6244 regarding oil spill prevention because I was involved in consultation about other legislation. I would like the Journal to reflect that I support this legislation and would have voted "Yes" on final passage of Engrossed Substitute Senate Bill No. 6244.

SENATOR BERKEY 38th Legislative District

MOTION

On motion of Senator Oke, Senator Morton was excused.

SECOND READING

      SENATE BILL NO. 6106, by Senator Brandland

      Requiring disclosure of specified health care information for law enforcement purposes.

MOTION

      On motion of Senator Keiser, Substitute Senate Bill No. 6106 was substituted for Senate Bill No. 6106 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Keiser moved that the following striking amendment by Senator Brandland be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The purpose of this act is to aid law enforcement in combating crime through the rapid identification of all persons who require medical treatment as a result of a criminal act and to assist in the rapid identification of human remains.

      Sec. 2. RCW 70.02.010 and 2005 c 468 s 1 are each amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

      (a) Statutory, regulatory, fiscal, medical, or scientific standards;

      (b) A private or public program of payments to a health care provider; or

      (c) Requirements for licensing, accreditation, or certification.

      (2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, location within a health care facility, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.

      (3) "Federal, state, or local law enforcement authorities" means an officer of any agency or authority in the United States, a state, a tribe, a territory, or a political subdivision of a state, a tribe, or a territory who is empowered by law to: (a) Investigate or conduct an official inquiry into a potential criminal violation of law; or (b) prosecute or otherwise conduct a criminal proceeding arising from an alleged violation of law.

      (4) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.

      (((4))) (5) "Health care" means any care, service, or procedure provided by a health care provider:

      (a) To diagnose, treat, or maintain a patient's physical or mental condition; or

      (b) That affects the structure or any function of the human body.

      (((5))) (6) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.

      (((6))) (7) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs. The term includes any required accounting of disclosures of health care information.

      (((7))) (8) "Health care operations" means any of the following activities of a health care provider, health care facility, or third-party payor to the extent that the activities are related to functions that make an entity a health care provider, a health care facility, or a third-party payor:

      (a) Conducting: Quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, if the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment;

      (b) Reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance and third-party payor performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of nonhealth care professionals, accreditation, certification, licensing, or credentialing activities;

      (c) Underwriting, premium rating, and other activities relating to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care, including stop-loss insurance and excess of loss insurance, if any applicable legal requirements are met;

      (d) Conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;

      (e) Business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the health care facility or third-party payor, including formulary development and administration, development, or improvement of methods of payment or coverage policies; and

      (f) Business management and general administrative activities of the health care facility, health care provider, or third-party payor including, but not limited to:

      (i) Management activities relating to implementation of and compliance with the requirements of this chapter;

      (ii) Customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that health care information is not disclosed to such policy holder, plan sponsor, or customer;

      (iii) Resolution of internal grievances;

      (iv) The sale, transfer, merger, or consolidation of all or part of a health care provider, health care facility, or third-party payor with another health care provider, health care facility, or third-party payor or an entity that following such activity will become a health care provider, health care facility, or third-party payor, and due diligence related to such activity; and

      (v) Consistent with applicable legal requirements, creating deidentified health care information or a limited dataset and fund-raising for the benefit of the health care provider, health care facility, or third-party payor.

       (((8))) (9) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.

      (((9))) (10) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.

      (((10))) (11) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.

      (((11))) (12) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.

      (((12))) (13) "Payment" means:

      (a) The activities undertaken by:

      (i) A third-party payor to obtain premiums or to determine or fulfill its responsibility for coverage and provision of benefits by the third-party payor; or

      (ii) A health care provider, health care facility, or third-party payor, to obtain or provide reimbursement for the provision of health care; and

      (b) The activities in (a) of this subsection that relate to the patient to whom health care is provided and that include, but are not limited to:

      (i) Determinations of eligibility or coverage, including coordination of benefits or the determination of cost-sharing amounts, and adjudication or subrogation of health benefit claims;

      (ii) Risk adjusting amounts due based on enrollee health status and demographic characteristics;

      (iii) Billing, claims management, collection activities, obtaining payment under a contract for reinsurance, including stop-loss insurance and excess of loss insurance, and related health care data processing;

      (iv) Review of health care services with respect to medical necessity, coverage under a health plan, appropriateness of care, or justification of charges;

       (v) Utilization review activities, including precertification and preauthorization of services, and concurrent and retrospective review of services; and

      (vi) Disclosure to consumer reporting agencies of any of the following health care information relating to collection of premiums or reimbursement:

      (A) Name and address;

      (B) Date of birth;

      (C) Social security number;

      (D) Payment history;

      (E) Account number; and

      (F) Name and address of the health care provider, health care facility, and/or third-party payor.

      (((13))) (14) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

      (((14))) (15) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.

      (((15))) (16) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.

      (((16))) (17) "Treatment" means the provision, coordination, or management of health care and related services by one or more health care providers or health care facilities, including the coordination or management of health care by a health care provider or health care facility with a third party; consultation between health care providers or health care facilities relating to a patient; or the referral of a patient for health care from one health care provider or health care facility to another.

      Sec. 3. RCW 70.02.050 and 2005 c 468 s 4 are each amended to read as follows:

      (1) A health care provider or health care facility may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

      (a) To a person who the provider or facility reasonably believes is providing health care to the patient;

      (b) To any other person who requires health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial, actuarial services to, or other health care operations for or on behalf of the health care provider or health care facility; or for assisting the health care provider or health care facility in the delivery of health care and the health care provider or health care facility reasonably believes that the person:

      (i) Will not use or disclose the health care information for any other purpose; and

      (ii) Will take appropriate steps to protect the health care information;

      (c) To any other health care provider or health care facility reasonably believed to have previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

      (d) To any person if the health care provider or health care facility reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual, however there is no obligation under this chapter on the part of the provider or facility to so disclose;

      (e) To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the health care provider or health care facility in writing not to make the disclosure;

      (f) To a health care provider or health care facility who is the successor in interest to the health care provider or health care facility maintaining the health care information;

      (g) For use in a research project that an institutional review board has determined:

      (i) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

      (ii) Is impracticable without the use or disclosure of the health care information in individually identifiable form;

      (iii) Contains reasonable safeguards to protect the information from redisclosure;

      (iv) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

      (v) Contains procedures to remove or destroy at the earliest opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project;

      (h) To a person who obtains information for purposes of an audit, if that person agrees in writing to:

      (i) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

      (ii) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care by a health care provider or patient, or other unlawful conduct by the health care provider;

      (i) To an official of a penal or other custodial institution in which the patient is detained;

      (j) To provide directory information, unless the patient has instructed the health care provider or health care facility not to make the disclosure;

      (k) To fire, police, sheriff, or another public authority, that brought, or caused to be brought, the patient to the health care facility or health care provider if the disclosure is limited to the patient's name, residence, sex, age, occupation, condition, diagnosis, estimated or actual discharge date, or extent and location of injuries as determined by a physician, and whether the patient was conscious when admitted;

      (l) To federal, state, or local law enforcement authorities and the health care provider, health care facility, or third-party payor believes in good faith that the health care information disclosed constitutes evidence of criminal conduct that occurred on the premises of the health care provider, health care facility, or third-party payor;

      (m) To another health care provider, health care facility, or third-party payor for the health care operations of the health care provider, health care facility, or third-party payor that receives the information, if each entity has or had a relationship with the patient who is the subject of the health care information being requested, the health care information pertains to such relationship, and the disclosure is for the purposes described in RCW 70.02.010(((7))) (8) (a) and (b); or

      (n) For payment.

      (2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:

      (a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;

      (b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;

      (c) To federal, state, or local law enforcement authorities, upon receipt of a written or oral request, in any cases in which the patient is being treated or has been treated for a bullet wound, gunshot wound, powder burn, or other injury arising from or caused by the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument which federal, state, or local law enforcement authorities reasonably believe to have been intentionally inflicted upon a person, or any other injury, including blunt force injury, that federal, state, or local law enforcement authorities reasonably believe resulted from a criminal act, the following information, if known:

      (i) The name of the patient;

      (ii) The patient's residence;

      (iii) The patient's sex;

      (iv) The patient's age;

      (v) The patient's condition;

      (vi) The patient's diagnosis, or extent and location of injuries as determined by a health care provider;

      (vii) Whether the patient was conscious when admitted;

      (viii) The name of the health care provider making the determination in (c)(v), (vi), and (vii) of this subsection;

      (ix) Whether the patient has been transferred to another facility; and

      (x) The patient's discharge time and date;

      (d) To county coroners and medical examiners for the investigations of deaths;

      (((d))) (e) Pursuant to compulsory process in accordance with RCW 70.02.060.

      (3) All state or local agencies obtaining patient health care information pursuant to this section shall adopt rules establishing their record acquisition, retention, and security policies that are consistent with this chapter.

      Sec. 4. RCW 68.50.320 and 2001 c 223 s 1 are each amended to read as follows:

      When a person reported missing has not been found within thirty days of the report, the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall ask the missing person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request the person's dental records.

The missing person's dentist or dentists shall provide diagnostic quality copies of the missing person's dental records or original dental records to the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority, when presented with the written consent from the missing person's family or next of kin or with a statement from the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority that the missing person's family or next of kin could not be located in the exercise of due diligence or that the missing person's family or next of kin refuse to consent to the release of the missing person's dental records and there is reason to believe that the missing person's family or next of kin may have been involved in the missing person's disappearance.

      When a person reported missing has not been found within thirty days, the sheriff, chief of police, or other law enforcement authority initiating and conducting the investigation for the missing person shall confer with the county coroner or medical examiner prior to the preparation of a missing person's report. After conferring with the coroner or medical examiner, the sheriff, chief of police, or other law enforcement authority shall submit a missing person's report and the dental records received under this section to the dental identification system of the state patrol identification, child abuse, vulnerable adult abuse, and criminal history section on forms supplied by the state patrol for such purpose.

      When a person reported missing has been found, the sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall report such information to the state patrol.

      The dental identification system shall maintain a file of information regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the state patrol finds relevant to assist in the location of a missing person.

      The files of the dental identification system shall, upon request, be made available to law enforcement agencies attempting to locate missing persons.

      NEW SECTION. Sec. 5. 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 Keiser spoke in favor of adoption of the striking amendment.

MOTION

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

      On page 10, line 32 of the bill, strike all of section 5.

      On page 11, line 3 of the title amendment, after "68.50.320;", strike the remainder of the title and insert "and creating a new section."

       Senator Esser spoke in favor of adoption of the amendment to the striking amendment.

      Senator Kline spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Esser on page 10, line 32 to the striking amendment to Substitute Senate Bill No. 6106.

The motion by Senator Esser failed and the amendment to the striking amendment was not adopted by voice vote.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brandland to Substitute Senate Bill No. 6106.

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

MOTION

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

      On page 1, line 2 of the title, after "purposes;" strike the remainder of the title and insert "amending RCW 70.02.010, 70.02.050, and 68.50.320; creating a new section; and declaring an emergency."

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6106 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.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6106.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6106 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

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

      Excused: Senators Benton, Brandland, Deccio, Finkbeiner, Hargrove and Pflug - 6

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6106, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

At 9:40 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 10:45 a.m. by President Owen.

SECOND READING

      SENATE BILL NO. 6247, by Senators Haugen and Benson

      Providing uniform administration of locally imposed motor vehicle excise taxes.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6247 was substituted for Senate Bill No. 6247 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

MOTION

On motion of Senator Schoesler, Senator Delvin was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6247.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6247 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SUBSTITUTE SENATE BILL NO. 6247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6248, by Senators Haugen, Benson, Shin and Sheldon

      Requiring the department of transportation to reimburse drainage and diking districts for maintenance and repairs to drainage facilities if the department does not respond to written notice by the districts.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6248 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6248.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6248 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SENATE BILL NO. 6248, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6162, by Senator Haugen

      Harmonizing and updating various aspects of the urban arterial program.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 6162 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6162.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6162 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SENATE BILL NO. 6162, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

SECOND READING

      SENATE BILL NO. 6528, by Senators Mulliken, Kastama, Benson, Oke, Esser, Berkey and Sheldon

      Permitting roadside tire chain businesses.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 6528 was substituted for Senate Bill No. 6528 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 6528 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Mulliken spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6528.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6528 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SUBSTITUTE SENATE BILL NO. 6528, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6545, by Senators Sheldon, Esser, Benson and Haugen

      Removing the minimum height requirement for the attachment of vehicle license plates.

      The measure was read the second time.

MOTION

      On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 6545 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Sheldon spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6545.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6545 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SENATE BILL NO. 6545, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6549, by Senators Benson, Jacobsen, Mulliken and Berkey

      Modifying commercial vehicle provisions.

      The measure was read the second time.

MOTION

      On motion of Senator Benson, the rules were suspended, Senate Bill No. 6549 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Benson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6549.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6549 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SENATE BILL NO. 6549, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6566, by Senators Eide, Esser, Swecker, Haugen, Prentice and McAuliffe

      Revising commute trip reduction provisions.

MOTION

      On motion of Senator Eide, Substitute Senate Bill No. 6566 was substituted for Senate Bill No. 6566 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      On page 3, line 6, after "(10)", strike all material through "act." on line 13, and insert the following:

      "(a) "Affected urban growth area" means:

(i) An urban growth area, designated pursuant to RCW 36.70A.110, containing a state highway segment that exceeds the one hundred person hours of delay threshold calculated by the department of transportation, and any contiguous urban growth areas; and

(ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas.

(b) Affected urban growth areas must be listed by the department of transportation in the rules for this act using the criteria identified in subsection (a) of this section."

On page 9, after line 3, insert the following:

"(12) If an affected urban growth area has not previously implemented a commute trip reduction program and the state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding two years."

      Senator Haugen 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 Haugen on page 3, line 6 to Substitute Senate Bill No. 6566.

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

MOTION

      On motion of Senator Eide, the rules were suspended, Engrossed Substitute Senate Bill No. 6566 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Eide and Benson spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6566.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6566 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6566, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6794, by Senators Haugen, Esser, Jacobsen, Mulliken and Spanel

      Concerning collective bargaining by state ferry employees.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6794 was substituted for Senate Bill No. 6794 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6794 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6794.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6794 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

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

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SUBSTITUTE SENATE BILL NO. 6794, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6785, by Senators Jacobsen, Swecker, Haugen and Benson

      Modifying the administration of fuel taxes.

MOTION

      On motion of Senator Jacobsen, Substitute Senate Bill No. 6785 was substituted for Senate Bill No. 6785 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      On page 9, at the beginning of line 20, strike everything through line 31, and insert:

      "(6) At the election of the distributor, the payment of an amount equivalent to the fuel tax ((of the motor vehicle fuel owed on motor vehicle fuel tax owed on motor vehicle fuel purchased from a supplier)) shall be remitted to the supplier on the terms agreed upon between the distributor and supplier or no later than seven business days before the twenty sixth day of the following month. This election shall be subject to a condition that the distributor's remittances of all amounts ((of motor vehicle fuel tax)) due to the supplier shall be paid by electronic funds transfer. The distributor's election may be terminated by the supplier if the distributor does not make timely payments to the supplier as required by this section. This section shall not apply if the distributor is required by the supplier to pay cash or cash equivalent for motor vehicle fuel purchases."

      Senator Swecker spoke in favor of adoption of the amendment.

      Senators Haugen and Benson spoke against adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 9, line 20 to Substitute Senate Bill No. 6758.

The motion by Senator Swecker failed and the amendment was not adopted by voice vote.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 6785 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Swecker spoke in favor of passage of the bill.

      Senator Sheldon spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6785.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6785 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 14; Absent, 0; Excused, 5.

      Voting yea: Senators Benson, Benton, Berkey, Brown, Carrell, Doumit, Eide, Fraser, Haugen, Hewitt, Jacobsen, Kastama, Keiser, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Pridemore, Rasmussen, Regala, Roach, Schmidt, Schoesler, Shin, Spanel, Stevens, Swecker and Weinstein - 30

      Voting nay: Senators Esser, Fairley, Franklin, Hargrove, Honeyford, Johnson, Kline, Kohl-Welles, McCaslin, Prentice, Rockefeller, Sheldon, Thibaudeau and Zarelli - 14

      Excused: Senators Brandland, Deccio, Delvin, Finkbeiner and Pflug - 5

      SUBSTITUTE SENATE BILL NO. 6785, 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 advanced to the eighth order of business.

MOTION

      Senator Esser moved adoption of the following resolution:

SENATE RESOLUTION

8704

By Senator Esser