WHEREAS, Communities are composed of people of all ethnic backgrounds who have a wide range of needs, and the Mukilteo Family YMCA is composed of people of all religious affiliations working together to build strong values, families, and communities; and

      WHEREAS, In the spirit of the rich heritage rooted in these values, the Mukilteo Family YMCA was chartered in 1993 to achieve its mission of providing a safety hub and infrastructure in the community; and

      WHEREAS, This organization is largely successful because governing leaders in the community have invested their own hearts and time to celebrate and provide the community with a facility where children, individuals, and families can all join together in activities that help strengthen their bonds with family, the community, and themselves; and

      WHEREAS, This type of outlet in the community is becoming more important because we live in a world of competing needs within our work, family, and community, making it increasingly difficult to feel connected to our neighbors and to know who to lean on when help is needed; and

      WHEREAS, The Mukilteo Family YMCA serves more than 19,000 people each year as a community center, with over 30 organized programs that help individuals of all ages build themselves physically, through workout facilities and fitness programs, emotionally, mentally, and spiritually through the classes and service opportunities the programs provide; and

      WHEREAS, These programs also provide: Affordable child care for families of every income level; fun and constructive activities that foster inner strength and confidence; and service learning opportunities for people of all ages; and

      WHEREAS, The founding board members of the Mukilteo Family YMCA, many of whom still serve on the board today, worked indefatigably to establish a sound footing for the organization and continue to devote countless hours to ensuring the long-term viability of this worthwhile organization; and

      WHEREAS, This strategic plan will only deepen the impact of the programs that already touch so many individuals and families in the community;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and express its appreciation for the Mukilteo Family YMCA for its service to children, teens, families, and the community at large; and

      BE IT FURTHER RESOLVED, That the Senate of the state of Washington recognize (1) the Mukilteo Family YMCA for its history of building the values of caring, honesty, respect, and responsibility and serving the community by emotionally, physically, and spiritually supporting people of all ages and economic, social, and cultural backgrounds, and (2) that this impact will only be broadened with expansion; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Mukilteo Family YMCA.

      Senators Shin and Jacobsen spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8712.

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

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced members of the Board of the Mukilteo Family YMCA, Frank Foster, Board Chair; Jeff Dunleary, Executive Director; and Matt Martin, Capital Campaign Chair who were seated in the gallery.

MOTION

At 12:21 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 1:21 p.m. by President Owen.

MOTION

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

SECOND READING

      SENATE BILL NO. 6802, by Senator Brown

      Regarding air pollution control authority boards.

MOTION

      On motion of Senator Brown, Substitute Senate Bill No. 6802 was substituted for Senate Bill No. 6802 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      On page 1, line 10, after "four" insert "hundred"

      Senator Delvin 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 Delvin on page 1, line 10 to Substitute Senate Bill No. 6802.

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

MOTION

      On motion of Senator Brown, the rules were suspended, Engrossed Substitute Senate Bill No. 6802 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Brown spoke in favor of passage of the bill.

MOTION

On motion of Senator Mulliken, Senators Morton, Finkbeiner, Honeyford, Zarelli, Brandland, Pflug and Benson were excused.

MOTION

On motion of Senator Regala, Senators Doumit, Jacobsen, Kline, McAuliffe, Poulsen and Pridemore were excused.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6802.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6802 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 5; Absent, 0; Excused, 8.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McCaslin, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Sheldon, Shin, Spanel, Stevens, Thibaudeau and Weinstein - 36

      Voting nay: Senators Honeyford, Morton, Mulliken, Schoesler and Swecker - 5

      Excused: Senators Benson, Deccio, Jacobsen, McAuliffe, Oke, Pflug, Poulsen and Zarelli - 8

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6802, 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. 6189, by Senator Keiser

      Regulating hospitals and ambulatory surgical centers. Revised for 1st Substitute: Requiring hospitals to provide patients certain billing information.

MOTION

      On motion of Senator Keiser, Substitute Senate Bill No. 6189 was substituted for Senate Bill No. 6189 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      On page 1, line 1 of the title, after "Relating to" strike "hospital billing information" and insert "requiring hospitals to provide information to help patients better understand their hospital bills".

      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 1, line 1 to Substitute Senate Bill No. 6189.

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

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6189 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. 6189.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6189 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 42

      Voting nay: Senator Benton - 1

      Excused: Senators Deccio, Jacobsen, Oke, Pflug, Poulsen and Zarelli - 6

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6189, 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 1:39 p.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 1:52 p.m. by President Owen.

MOTION

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

MESSAGE FROM THE HOUSE

February 11, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

HOUSE BILL NO. 1305,

THIRD SUBSTITUTE HOUSE BILL NO. 1458,

SUBSTITUTE HOUSE BILL NO. 1944,

SUBSTITUTE HOUSE BILL NO. 2033,

SUBSTITUTE HOUSE BILL NO. 2219,

HOUSE BILL NO. 2364,

HOUSE BILL NO. 2398,

SUBSTITUTE HOUSE BILL NO. 2437,

SUBSTITUTE HOUSE BILL NO. 2447,

HOUSE BILL NO. 2551,

HOUSE BILL NO. 2617,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2685,

SUBSTITUTE HOUSE BILL NO. 3180,

SUBSTITUTE HOUSE BILL NO. 3282,

SECOND SUBSTITUTE HOUSE BILL NO. 3287,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 11, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2943,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 13, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      HOUSE JOINT RESOLUTION NO. 4202,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 11, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED HOUSE BILL NO. 2340,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2418,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2534,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2651,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 11, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      ENGROSSED HOUSE BILL NO. 1069,

      SECOND SUBSTITUTE HOUSE BILL NO. 1395,

      SUBSTITUTE HOUSE BILL NO. 2658,

      SUBSTITUTE HOUSE BILL NO. 2670,

      SUBSTITUTE HOUSE BILL NO. 2694,

      HOUSE BILL NO. 2704,

      SUBSTITUTE HOUSE BILL NO. 2715,

      HOUSE BILL NO. 2717,

      HOUSE BILL NO. 2829,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

February 13, 2006

MR. PRESIDENT:

The House has passed the following bill{s}:

      SUBSTITUTE HOUSE BILL NO. 1341,

      HOUSE BILL NO. 1763,

      HOUSE BILL NO. 1964,

      SUBSTITUTE HOUSE BILL NO. 2416,

      SUBSTITUTE HOUSE BILL NO. 2457,

      SUBSTITUTE HOUSE BILL NO. 2669,

      HOUSE BILL NO. 3237,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

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

SECOND READING

      SENATE BILL NO. 6720, by Senators Brandland, Kohl-Welles, McAuliffe, Hargrove, Rockefeller, Schmidt, Rasmussen, Stevens, Delvin and Roach

      Revising reporting requirements for criminal history record information.

      The measure was read the second time.

MOTION

      On motion of Senator Brandland, the rules were suspended, Senate Bill No. 6720 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Brandland and Kohl-Welles 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. 6720.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6720 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.

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

      Absent: Senators Finkbeiner, Hewitt, Kline and Mulliken - 4

      Excused: Senators Deccio and Oke - 2

      SENATE BILL NO. 6720, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      Senator Esser moved that the Senate advance to the ninth order of business for the purpose of relieving the Committee on Ways & Means of Senate Bill No. 6309.

POINT OF INQUIRY

Senator Esser: “Would the Senator from the forty-seventh District yield to a question? Senator, why is it critical and essential to adopt this motion immediately to go to the ninth order to remove Senate Bill No. 6309 from the Senate Ways & Means Committee?

Senator Johnson: “Senator, the short answer is, that the bill, the new estate tax stand alone the estate state tax, was effective July 1 of last year so deaths in July mean the tax will be due in April coming up. So it must be acted upon now before that tax is due. The tax is expected to collect less than two-hundred million per biennium and since we were here last year we’ve had a revenue forcast…….."

      Senator Eide spoke against the motion.

REMARKS BY THE PRESIDENT

President Owen: “Senator Eide, do you have a point of order because otherwise I need to let him finish his comments and then you can respond to his comments.”

      Senator Johnson: “Thank you Mr. President. Since we were in session a year ago, the revenue forecast has shown increases of more than twice the amount to be raised by the state tax and will probably be more with next week's forcast. Finally, just a reminder from last year's debate, this tax is grossly unfair. It favors farm businesses but not other businesses and it factors in out-of-state properties so you can have property in this state under the two million dollar exemption and still pay an estate tax. If that’s not unconstitutional, it’s at least grossly unfair. Please support the motion.”

      Senator Doumit spoke against the motion.

MOTION

      Senator Esser demanded a roll call vote.

      The President declared that at least one-sixth of the Senate joined the demand and the demand was sustained.

MOTION

On motion of Senator Schoesler, Senator Mulliken was excused.

The President declared the question before the Senate to be the motion by Senator Esser that the Senate advance to the ninth order of business for the purpose of relieving the Committee on Ways & Means of Senate Bill No. 6309.

      The Secretary called the roll on the motion by Senator Esser and the motion failed by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, McCaslin, Morton, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21.

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 25.

      Excused: Senators Deccio, Mulliken and Oke - 3.

SECOND READING

      SENATE BILL NO. 6463, by Senators Fairley and Benton

      Allowing banks and savings banks to organize as limited liability companies.

      The measure was read the second time.

MOTION

      On motion of Senator Fairley, the rules were suspended, Senate Bill No. 6463 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

MOTION

      On motion of Senator Schoesler, Senator McCaslin was excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6463.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6463 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SENATE BILL NO. 6463, 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. 6362, by Senators Kohl-Welles, Keiser, Jacobsen and Kline

      Modifying voter registration provisions.

MOTIONS

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 6362 was substituted for Senate Bill No. 6362 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. 6362 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.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6362.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6362 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 5; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 40

      Voting nay: Senators Finkbeiner, Johnson, Morton, Stevens and Zarelli - 5

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SUBSTITUTE SENATE BILL NO. 6362, 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. 6133, by Senators Rasmussen, Schoesler, Swecker and Pridemore

      Licensing Christmas tree growers.

MOTIONS

      On motion of Senator Rasmussen, Substitute Senate Bill No. 6133 was substituted for Senate Bill No. 6133 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6133 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Rasmussen 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. 6133.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6133 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.

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

      Voting nay: Senator Honeyford - 1

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SUBSTITUTE SENATE BILL NO. 6133, 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. 6194, by Senators Franklin, Regala, Keiser, Eide, Prentice, Thibaudeau, Jacobsen, Fairley, McAuliffe, Fraser, Spanel, Kline, Kohl-Welles and Shin

      Requiring multicultural education for health professionals.

      The measure was read the second time.

MOTION

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

      On page 1, line 17, after "shall", strike "require a course" and insert, "include instruction and assessment".

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Franklin and Pflug spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Franklin on page 1, line 17 to Senate Bill No. 6194.

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

MOTION

      On motion of Senator Franklin, the rules were suspended, Engrossed Senate Bill No. 6194 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Franklin spoke in favor of passage of the bill.

      Senator Parlette spoke against passage of the bill.

      Senator Pflug spoke on passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6194.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6194 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.

      Voting yea: Senators Benton, Berkey, Brown, Carrell, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Thibaudeau and Weinstein - 32

      Voting nay: Senators Benson, Brandland, Delvin, Hewitt, Honeyford, Morton, Parlette, Pflug, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 13

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      ENGROSSED SENATE BILL NO. 6194, 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. 6232, by Senators Keiser and Thibaudeau

      Requiring health carriers to report certain information.

MOTION

      On motion of Senator Keiser, Substitute Senate Bill No. 6232 was substituted for Senate Bill No. 6232 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      On page 1, line 7, after "year" strike "a report that contains" and insert "as part of the additional data statement or as a supplemental data statement"

      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 1, line 7 to Substitute Senate Bill No. 6232.

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

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6232 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser and Brandland 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. 6232.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6232 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 2; Absent, 1; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 42

      Voting nay: Senators Carrell and Roach - 2

      Absent: Senator Brown - 1

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6232, 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. 6193, by Senators Franklin, Regala, Keiser, Eide, Prentice, Rasmussen, Jacobsen, Fairley, McAuliffe, Fraser, Brown, Kline, Kohl-Welles, Parlette and Shin

      Requiring surveys of health professions work force supply and demographics.

MOTIONS

      On motion of Senator Franklin, Second Substitute Senate Bill No. 6193 was substituted for Senate Bill No. 6193 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator Franklin, the rules were suspended, Second Substitute Senate Bill No. 6193 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Franklin 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 Second Substitute Senate Bill No. 6193.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6193 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 2; Absent, 0; Excused, 4.

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

      Voting nay: Senators Benton and Schoesler - 2

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SECOND SUBSTITUTE SENATE BILL NO. 6193, 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. 6308, by Senators Carrell, Stevens, Regala, Schoesler, Schmidt, Oke and Rasmussen

      Creating a joint select committee on offenders programs, sentencing, and supervision.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 6308 was substituted for Senate Bill No. 6308 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6308 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Carrell and Hargrove 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. 6308.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6308 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

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

      Absent: Senator Shin - 1

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SUBSTITUTE SENATE BILL NO. 6308, 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. 6234, by Senators Fairley, Keiser, Spanel and Esser

      Creating the insurance fraud program.

MOTION

      On motion of Senator Fairley, Substitute Senate Bill No. 6234 was substituted for Senate Bill No. 6234 and the substitute bill was placed on the second reading and read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The purpose of this act is to confront the problem of insurance fraud in this state by making a concerted effort to detect insurance fraud, reduce the occurrence of fraud through criminal enforcement and deterrence, require restitution of fraudulently obtained insurance benefits and expenses incurred by an insurer in investigating fraudulent claims, and reduce the amount of premium dollars used to pay fraudulent claims. The primary focus of the insurance fraud program is on organized fraudulent activities committed against insurance companies.

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

      (1) "Insurance commissioner" means the insurance commissioner of this state.

      (2) "Insurance fraud" means an act or omission committed by a person who, knowingly, and with intent to defraud, commits, or conceals any material information concerning, one or more of the following:

      (a) Presenting, causing to be presented, or preparing with knowledge or belief that it will be presented to or by an insurer, broker, or its agent, false information as part of, in support of, or concerning a fact material to one or more of the following:

      (i) An application for the issuance or renewal of an insurance policy;

      (ii) The rating of an insurance policy or contract;

      (iii) A claim for payment or benefit pursuant to an insurance policy;

      (iv) Premiums paid on an insurance policy;

       (v) Payments made in accordance with the terms of an insurance policy; or

      (vi) The reinstatement of an insurance policy;

      (b) Willful embezzlement, abstracting, purloining, or conversion of moneys, funds, premiums, credits, or other property of an insurer or person engaged in the business of insurance; or

      (c) Attempting to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this subsection.

      The definition of insurance fraud is for illustrative purposes only under this chapter to describe the nature of the behavior to be reported and investigated, and is not intended in any manner to create or modify the definition of any existing criminal acts nor to create or modify the burdens of proof in any criminal prosecution brought as a result of an investigation under this chapter.

      (3) "Insurer" means an insurance company authorized under chapter 48.05 RCW, a health care service contractor registered under chapter 48.44 RCW, and a health care maintenance organization registered under chapter 48.46 RCW.

      NEW SECTION. Sec. 3. (1) There is established an insurance fraud program within the office of the attorney general. The attorney general may employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience in the areas of detection, investigation, or prosecution of fraud in which the insurance industry is a victim. The chief of the fraud program is a full-time position that is appointed by the attorney general. The chief serves at the pleasure of the attorney general. The attorney general shall provide office space, equipment, supplies, investigators, clerical staff, and other staff that are necessary for the program to carry out its duties and responsibilities under this chapter.

      (2) The attorney general may fund one or more state patrol officers to work with the insurance fraud program and the funding for the officers must be paid out of the budget of the insurance fraud program.

      (3) The attorney general may make grants to or reimburse local prosecuting attorneys to assist in the prosecution of insurance fraud. The grants must be paid out of the budget of the insurance fraud program. The attorney general may investigate and seek prosecution of crimes involving insurance fraud upon the request of or with the concurrence of the county prosecuting attorney of the jurisdiction in which the offense has occurred. Before such a prosecution, the attorney general and the county in which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees, and defense attorneys' fees associated with any such prosecution.

      (4) Staff levels for this program, until June 30, 2010, shall not exceed 8.0 full-time equivalents.

      NEW SECTION. Sec. 4. The annual cost of operating the fraud program is funded from the attorney general's insurance fraud account which is hereby created. Moneys in the account may be spent only after appropriation.

      NEW SECTION. Sec. 5. (1) The attorney general may:

      (a) Employ and train personnel to achieve the purposes of this chapter and to employ legal counsel, investigators, auditors, and clerical support personnel and other personnel as the attorney general determines necessary from time to time to accomplish the purposes of this chapter;

      (b) Initiate inquiries and conduct investigations when the attorney general has cause to believe that insurance fraud has been, is being, or is about to be committed;

      (c) Conduct independent examinations of alleged insurance fraud;

      (d) Review notices, reports, or complaints of suspected insurance fraud activities from federal, state, and local law enforcement and regulatory agencies, persons engaged in the business of insurance, and any other person to determine whether the reports require further investigation;

      (e) Share records and evidence with federal, state, or local law enforcement or regulatory agencies, and enter into interagency agreements;

      (f) Conduct investigations outside this state. If the information the attorney general seeks to obtain is located outside this state, the person from whom the information is sought may make the information available to the attorney general to examine at the place where the information is located. The attorney general may designate representatives, including officials of the state in which the matter is located, to inspect the information on behalf of the attorney general, and the attorney general may respond to similar requests from officials of other states;

      (g) Administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the attorney general deems relevant or material to an inquiry concerning insurance fraud;

      (h) Report incidents of alleged insurance fraud disclosed by its investigations to the appropriate prosecutorial authority, including but not limited to other appropriate law enforcement, administrative, regulatory, or licensing agency;

      (i) Assemble evidence, prepare charges, and work closely with any prosecutorial authority having jurisdiction to pursue prosecution of insurance fraud; and

      (j) Undertake independent studies to determine the extent of fraudulent insurance acts.

      (2) The fraud program investigators who have obtained certification as a peace officer under RCW 43.101.095 have the powers and status of a limited authority Washington peace officer.

      NEW SECTION. Sec. 6. (1) Any insurer or licensee of the insurance commissioner that has reasonable belief that an act of insurance fraud which is or may be a crime under Washington law has been, is being, or is about to be committed shall furnish and disclose the knowledge and information to the attorney general or the national insurance crime bureau, the national association of insurance commissioners, or similar organization, who shall disclose the information to the attorney general, and cooperate fully with any investigation conducted by the attorney general.

      (2) Any person that has a reasonable belief that an act of insurance fraud which is or may be a crime under Washington law has been, is being, or is about to be committed; or any person who collects, reviews, or analyzes information concerning insurance fraud which is or may be a crime under Washington law may furnish and disclose any information in its possession concerning such an act to the attorney general or to an authorized representative of an insurer that requests the information for the purpose of detecting, prosecuting, or preventing insurance fraud.

      NEW SECTION. Sec. 7. (1) Documents, materials, or other information as described in subsection (3), (4), or both of this section are exempt from public inspection and copying under chapters 42.17 and 42.56 RCW. The attorney general is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the attorney general's official duties.

      (2) The attorney general:

      (a) May share documents, materials, or other information, including the documents, materials, or information subject to subsection (1) of this section, with (i) the national association of insurance commissioners and its affiliates and subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, (iii) the national insurance crime bureau, and (iv) an insurer with respect to whom the suspected fraudulent claim may be perpetrated;

      (b) May receive documents, materials, or information from (i) the national association of insurance commissioners and its affiliates and subsidiaries, (ii) regulatory and law enforcement officials of other states and nations, the federal government, and international authorities, (iii) the national insurance crime bureau, and (iv) an insurer with respect to whom the suspected fraudulent claim may be perpetrated and any such documents, materials, or information as described in subsection (3), (4), or both of this section are exempt from public inspection and copying; and

      (c) May enter into agreements governing the sharing and use of information consistent with this subsection.

      (3) Specific investigative and law enforcement records obtained by the attorney general, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy, are exempt under subsection (1) of this section.

      (4) Information revealing the identity of persons who are witnesses to or victims of crime obtained by the attorney general or investigative or law enforcement agencies under this chapter, if disclosure would endanger any person's life, physical safety, or property, is exempt under subsection (1) of this section. If at the time the documents, materials, or information are provided to the attorney general or investigative or law enforcement agencies under this chapter, and the victim or witness indicates a desire for disclosure or nondisclosure, their desire governs.

      (5) No waiver of an existing privilege or claim of confidentiality in the documents, materials, or information may occur as a result of disclosure to the attorney general under this section or as a result of sharing documents, materials, or information as authorized in subsection (2) of this section.

      (6) Documents, materials, or other information that is in the possession of persons other than the attorney general that would otherwise not be confidential by law or privileged do not become confidential by law or privileged by providing the documents, materials, or other information to the attorney general.

      NEW SECTION. Sec. 8. In a criminal prosecution for any crime under Washington law in which the insurance company is a victim, the insurance company is entitled to be considered as a victim in any restitution ordered by the court under RCW 9.94A.753, as part of the criminal penalty imposed against the defendant convicted for such a violation.

      NEW SECTION. Sec. 9. This chapter does not:

      (1) Preempt the authority or relieve the duty of any other general authority law enforcement agencies to investigate, examine, and prosecute suspected violations of law;

      (2) Prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law enforcement agency other than the attorney general; or

      (3) Limit any of the powers granted elsewhere in this title to the attorney general to investigate and examine possible violations of the law and to take appropriate action.

      NEW SECTION. Sec. 10. No later than six months after the effective date of this section, or when the insurer has used all its existing paper application and claim forms which were in its possession on the effective date of this section, whichever is later, all applications for insurance, and all claim forms regardless of the form of transmission provided and required by an insurer or required by law as condition of payment of a claim, must contain a statement, permanently affixed to the application or claim form, that clearly states in substance the following:

      "It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits."

      The lack of a statement required in this section does not constitute a defense in any criminal prosecution nor any civil action.

      NEW SECTION. Sec. 11. The attorney general shall appoint an insurance fraud advisory board. The board shall consist of nine members. Four members shall be representatives from the insurance industry doing business in this state, at least one of which shall be from a Washington domestic insurer, two members shall represent consumers, one member shall represent the national insurance crime bureau or successor organization, one member shall represent prosecutors, and one member shall represent other law enforcement agencies. The members of the board serve four-year terms and until their successors are appointed and qualified. Three of the original members must be appointed to serve an initial term of four years, two must be appointed to serve an initial term of three years, two must be appointed to serve an initial term of two years, and two must be appointed to serve an initial term of one year. The members of the board receive no compensation. The board shall advise the attorney general and the legislature with respect to the effectiveness, resources allocated to the fraud program, the source of the funding for the program, and before June 30, 2010, if the staffing level restriction in section 3(5) of this act should be renewed.

      NEW SECTION. Sec. 12. The attorney general shall prepare an annual report of the activities of the fraud program. The report shall be submitted to the legislature no later than March 1st for the prior calendar year. The report shall, at a minimum, include information as to the number of cases reported to the attorney general, the number of cases referred for prosecution, the number of convictions obtained, the amount of money recovered, and any recommendations of the insurance advisory board.

      NEW SECTION. Sec. 13. The attorney general may adopt rules to implement and administer this chapter.

      Sec. 14. RCW 48.50.070 and 2000 c 254 s 5 are each amended to read as follows:

      Any licensed insurance agent, any licensed insurance broker, or any insurer or person acting in the insurer's behalf, health maintenance organization or person acting in behalf of the health maintenance organization, health care service contractor or person acting in behalf of the health care service contractor, or any authorized agency which releases information, whether oral or written, to the attorney general, the national insurance crime bureau, the national association of insurance commissioners, other law enforcement agent or agency, or another insurer under RCW 48.50.030, 48.50.040, 48.50.050, ((or)) 48.50.055, or section 5 of this act is immune from liability in any civil or criminal action, suit, or prosecution arising from the release of the information, unless actual malice on the part of the agent, broker, insurer, health care maintenance organization, health care service contractor, or authorized agency against the insured is shown.

      Sec. 15. RCW 48.50.075 and 1995 c 285 s 24 are each amended to read as follows:

      In denying a claim, an insurer, health maintenance organization, or health care service contractor who relies upon a written opinion from an authorized agency specifically enumerated in RCW 48.50.020(1) (a) through (g) that criminal activity that is related to that claim is being investigated, or a crime has been charged, and that the claimant is a target of the investigation or has been charged with a crime, is not liable for bad faith or other noncontractual theory of damages as a result of this reliance.

      Immunity under this section shall exist only so long as the incident for which the claimant may be responsible is under active investigation or prosecution, or the authorized agency states its position that the claim includes or is a result of criminal activity in which the claimant was a participant.

      Sec. 16. RCW 10.93.020 and 2002 c 128 s 1 are each amended to read as follows:

      As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

      (1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol and the department of fish and wildlife are general authority Washington law enforcement agencies.

      (2) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor control board, the office of the attorney general, and the state department of corrections.

      (3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.

      (4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.

      (5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.

      (6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.

      (7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.

      (8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.

      (9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.

      (10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.

      Sec. 17. RCW 42.56.400 and 2005 c 274 s 420 are each amended to read as follows:

      The following information relating to insurance and financial institutions is exempt from disclosure under this chapter:

      (1) 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;

      (2) 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;

      (3) The names and individual identification data of all viators regulated by the insurance commissioner under chapter 48.102 RCW;

      (4) Information provided under RCW 48.30A.045 through 48.30A.060;

      (5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600 through 48.46.625;

      (6) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;

      (7) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information;

      (8) Information provided to the insurance commissioner under RCW 48.110.040(3);

      (9) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged; ((and))

      (10) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31C.020 through 48.31C.050 and 48.31C.070; and

      (11) Documents, materials, or information obtained by the attorney general under section 7 of this act.

      NEW SECTION. Sec. 18. A new section is added to chapter 42.17 RCW to read as follows:

      Documents, materials, or information obtained by the attorney general under section 7 of this act are exempt from disclosure under this chapter.

      NEW SECTION. Sec. 19. 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. 20. Sections 1 through 13 and 19 of this act constitute a new chapter in Title 43 RCW.

      NEW SECTION. Sec. 21. This act takes effect July 1, 2006."

      On page 1, line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 48.50.070, 48.50.075, 10.93.020, and 42.56.400; adding a new section to chapter 42.17 RCW; adding a new chapter to Title 43 RCW; prescribing penalties; and providing an effective date."

      Senator Benton and Zarelli spoke in favor of adoption of the striking amendment.

      Senators Fairley and Rockefeller spoke against adoption of the 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.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Benton to Substitute Senate Bill No. 6234.

ROLL CALL

      The Secretary called the roll on the adoption of the striking amendment by Senator Benton and the striking amendment was not adopted by the following vote: Yeas, 21; Nays, 24; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hargrove, Hewitt, Honeyford, Johnson, Morton, Parlette, Pflug, Roach, Schmidt, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21.

      Voting nay: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Thibaudeau and Weinstein - 24.

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4.

MOTION

      On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 6234 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      Senator Benton spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6234.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6234 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 0; Excused, 4.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Shin, Spanel, Swecker, Thibaudeau, Weinstein and Zarelli - 35

      Voting nay: Senators Benton, Hewitt, Honeyford, Johnson, Morton, Parlette, Pflug, Schoesler, Sheldon and Stevens - 10

      Excused: Senators Deccio, McCaslin, Mulliken and Oke - 4

      SUBSTITUTE SENATE BILL NO. 6234, 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. 6255, by Senators Eide and McAuliffe

      Improving student performance through student-centered planning.

MOTION

      On motion of Senator Eide, Substitute Senate Bill No. 6255 was substituted for Senate Bill No. 6255 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Pflug moved that the following amendment by Senators Pflug and Eide be adopted.

      On page 2, line 29, after "section.", insert "The rules shall require school districts receiving grants from the implementation of the student-centered planning program to make every effort, to the extent possible, to insure adequate capacity in the courses selected by the students."

      Senators Eide and Pflug spoke in favor of adoption of the amendment.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Pflug and Eide on page 2, line 29 to Substitute Senate Bill No. 6255.

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

MOTION

Senator Schmidt moved that the following amendment by Senators Schmidt and Eide be adopted.

      On page 2, after line 33, insert the following:

      "NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2006, in the omnibus appropriations act, this act is null and void."

      Senators Schmidt and Eide 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 Schmidt and Eide on page 2, line 33 to Substitute Senate Bill No. 6255.

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

MOTION

      On motion of Senator Eide, the rules were suspended, Engrossed Substitute Senate Bill No. 6255 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Eide and Pflug 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. 6255.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6255 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

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

      Voting nay: Senator Zarelli - 1

      Excused: Senators Deccio, McCaslin and Oke - 3

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6255, 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. 6366, by Senators Keiser, Thibaudeau and Kline

      Concerning preparation and response to pandemic influenza.

MOTION

      On motion of Senator Keiser, Substitute Senate Bill No. 6366 was substituted for Senate Bill No. 6366 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 Keiser be adopted:

      Strike everything after the enacting clause, and insert the following:

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

     (1) Pandemic influenza is a global outbreak of disease that occurs when a new virus appears in the human population, causes serious illness, and then spreads easily from person to person.

     (2) Historically, pandemic influenza has occurred on average every thirty years. Most recently, the Asian flu in 1957-58 and the Hong Kong flu in 1968-69 killed seventy thousand and thirty-four thousand, respectively, in the United States.

      (3) Another influenza pandemic could emerge with little warning, affecting a large number of people. Estimates are that another pandemic influenza would cause more than two hundred thousand deaths in our country, with as many as five thousand in Washington. Our state could also expect ten thousand to twenty-four thousand people needing hospital stays, and as many as a million people requiring outpatient visits. During a severe pandemic these numbers could be much higher. The economic losses could also be substantial.

      (4) The current Avian or bird flu that is spreading around the world has the potential to start a pandemic. There is yet no proven vaccine, and antiviral medication supplies are limited and of unknown effectiveness against a human version of the virus, leaving traditional public health measures as the only means to slow the spread of the disease. Given the global nature of a pandemic, as much as possible, the state must be able to respond assuming only limited outside resources and assistance will be available.

      (5) An effective response to pandemic influenza in Washington must focus at the local level and will depend on preestablished partnerships and collaborative planning on a range of best-case and worst-case scenarios. It will require flexibility and real-time decision making, guided by accurate information. It will also depend on a well-informed public that understands the dangers of pandemic influenza and the steps necessary to prevent the spread of the disease.

      (6) Avian flu is but one example of an infectious disease that, were an outbreak to occur, could pose a significant statewide health hazard. As such, preparation for pandemic flu will also enhance the capacity of local public health jurisdictions to respond to other emergencies.

      It is therefore the intent of the legislature that adequate pandemic flu preparedness and response plans be developed and implemented by local public health jurisdictions statewide in order to limit the number of illnesses and deaths, preserve the continuity of essential government and other community services, and minimize social disruption and economic loss in the event of an influenza pandemic.

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

      (1) "Department" means the department of health.

      (2) "Local health jurisdiction" means a local health department as established under chapter 70.05 RCW, a combined city-county health department as established under chapter 70.08 RCW, or a health district established under chapter 70.05 or 70.46 RCW.

      NEW SECTION. Sec. 3. To the extent state or federal funds are provided for this purpose, by January 1, 2007, each local health jurisdiction shall develop a pandemic flu preparedness and response plan, consistent with requirements and performance standards established by the department and the United States department of health and human services, for the purpose of:

      (1) Defining preparedness activities that should be undertaken before a pandemic occurs that will enhance the effectiveness of response measures;

      (2) Describing the response, coordination, and decision-making structure that will incorporate the local health jurisdiction, the local health care system, other local response agencies, and state and federal agencies during the pandemic;

      (3) Defining the roles and responsibilities for the local health jurisdiction, local health care partners, and local response agencies during all phases of a pandemic;

      (4) Describing public health interventions in a pandemic response and the timing of such interventions;

      (5) Serving as a guide for local health care system partners, response agencies, and businesses in the development of pandemic influenza response plans; and

      (6) Providing technical support and information on which preparedness and response actions are based.

      Each plan shall be developed based on an assessment by the local health jurisdiction of its current capacity to respond to pandemic flu and otherwise meet department outcome measures related to infectious disease outbreaks of statewide significance.

      NEW SECTION. Sec. 4. Each jurisdiction shall develop its pandemic flu preparedness and response plan in consultation with appropriate public and private sector partners, including departments of emergency management, law enforcement, school districts, hospitals and medical professionals, tribal governments, and business organizations. At a minimum, each plan shall address:

      (1) Strategies to educate the public about the consequences of influenza pandemic and what each person can do to prepare, including the adoption of universal infectious disease prevention practices and maintaining appropriate emergency supplies;

      (2) Jurisdiction-wide disease surveillance programs, coordinated with state and federal efforts, to detect pandemic influenza strains in humans and animals, including health care provider compliance with reportable conditions requirements, and investigation and analysis of reported illness or outbreaks;

      (3) Communication systems, including the availability of and access to specialized communications equipment by health officials and community leaders, and the use of mass media outlets;

      (4) Mass vaccination plans and protocols to rapidly administer vaccine and monitor vaccine effectiveness and safety;

      (5) Guidelines for the utilization of antiviral medications for the treatment and prevention of influenza;

      (6) Implementation of nonmedical measures to decrease the spread of the disease as guided by the epidemiology of the pandemic, including increasing adherence to public health advisories, voluntary social isolation during outbreaks, and health officer orders related to quarantines;

     (7) Medical system mobilization, including improving the linkages and coordination of emergency responses across health care organizations, and assuring the availability of adequate facilities and trained personnel; and

     (8) Strategies for maintaining social order and essential community services while limiting the spread of disease throughout the duration of the pandemic.

      NEW SECTION. Sec. 5. To the extent state or federal funds are provided for this purpose, the department, in consultation with the state director of emergency management, shall provide technical assistance and disburse funds as needed to support local health jurisdictions in developing their pandemic flu preparedness and response plans. Upon receipt of a plan determined by the department to meet its established requirements and standards, additional funding shall be provided to a district to support the preparedness response activities identified in the plan, including but not limited to:

      (1) Education, information, and outreach, in multiple languages, to increase community preparedness and reduce the spread of the disease should it occur;

      (2) Development of materials and systems to be used in the event of a pandemic to keep the public informed about the influenza, the course of the pandemic, and response activities;

     (3) Development of the legal documents necessary to facilitate and support the necessary government response;

      (4) Training and response drills for local health jurisdiction staff, law enforcement, health care providers, and others with responsibilities identified in the plan;

      (5) Enhancement of the communicable disease surveillance system; and

      (6) Development of coordination and communication systems among responding agencies.

      Where appropriate, these activities shall be coordinated and funded on a regional or statewide basis. In the event that a local health jurisdiction does not show adequate progress towards implementing its plan, the department may intervene to provide necessary technical assistance.

      NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.

      Senators Keiser and Parlette 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 Keiser to Substitute Senate Bill No. 6366.

      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 1 of the title, after "influenza;" strike the remainder of the title and insert "and adding a new chapter to Title 70 RCW."

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Substitute Senate Bill No. 6366 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.

POINT OF INQUIRY

Senator Sheldon: “Would Senator Keiser yield to a question? Senator Keiser, in reading the bill, is it your intention that this is not an unfunded mandate for the counties but the counties will receive funding from the state in order to prepare these plans?”

Senator Keiser: “It is my intention this is not being an unfunded mandate, absolutely.”

      Senator Benton spoke on passage of the bill.

      Senator Thibaudeau 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. 6366.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6366 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6366, 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. 6427, by Senators Kastama, Mulliken, Morton and Rasmussen

      Concerning schedules for the review of comprehensive plans and development regulations.

MOTION

      On motion of Senator Pridemore, Substitute Senate Bill No. 6427 was substituted for Senate Bill No. 6427 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Pridemore moved that the following striking amendment by Senators Pridemore, Kastama, Benton and Roach be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. There is a statewide interest in maintaining coordinated planning as called for in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the legislature that smaller, slower-growing counties and cities be provided with flexibility in meeting the requirements to review local plans and development regulations in RCW 36.70A.130, while ensuring coordination and consistency with the plans of neighboring cities and counties.

      Sec. 2. RCW 36.70A.130 and 2005 c 423 s 6 and 2005 c 294 s 2 are each reenacted and amended to read as follows:

      (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section.

      (b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefor.

      (c) The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.

      (d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.

      (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section or in accordance with the provisions of subsections (5) and (8) of this section. Amendments may be considered more frequently than once per year under the following circumstances:

      (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

      (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW;

      (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; ((and))

      (iv) Until June 30, 2006, the designation of recreational lands under RCW 36.70A.1701. A county amending its comprehensive plan pursuant to this subsection (2)(a)(iv) may not do so more frequently than every eighteen months; and

      (v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2), provided that amendments are considered in accordance with the public participation program established by the county or city under this subsection (2)(a) and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment.

      (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

      (3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.

      (b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

      (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. Except as provided in subsections (5) and (8) of this section, the schedule established by the department shall provide for the reviews and evaluations to be completed as follows:

      (a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

      (b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

      (c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

      (d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

      (5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.

      (b) A county that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule: The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.

      (c) A city that is subject to a schedule established by the department under subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the date established in the applicable schedule: The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen percent in the ten years preceding the date established in the applicable schedule as of that date.

       (d) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.

      (6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.

      (7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section ((and those counties and cities demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas)) may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. ((A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is deemed to be making substantial progress towards compliance.)) Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW 43.17.250.

      (8) Except as provided in subsection (5)(b) and (c) of this section:

      (a) Counties and cities required to satisfy the requirements of this section according to the schedule established by subsection (4)(b) through (d) of this section may comply with the requirements of this section for development regulations that protect critical areas one year after the dates established in subsection (4)(b) through (d) of this section((.));

       (b) Counties and cities complying with the requirements of this section one year after the dates established in subsection (4)(b) through (d) of this section for development regulations that protect critical areas shall be deemed in compliance with the requirements of this section((.)); and

      (c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through (d) of this section, and only to the requirements of this section for development regulations that protect critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.

      (9) Notwithstanding subsection (8) of this section and the substantial progress provisions of subsections (7) and (10) of this section, only those counties and cities complying with the schedule in subsection (4) of this section may receive preferences for grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030.

      (10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress towards compliance with the schedules in this section for its comprehensive land use plan and development regulations may receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in this section for its comprehensive land use plan and development regulations is deemed to be making substantial progress towards compliance."

      Senators Pridemore and Benton spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Pridemore, Kastama, Benton and Roach to Substitute Senate Bill No. 6427.

      The motion by Senator Pridemore 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 "counties;" strike the remainder of the title and insert "reenacting and amending RCW 36.70A.130; and creating a new section."

MOTION

      On motion of Senator Eide, the rules were suspended, Engrossed Substitute Senate Bill No. 6427 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

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

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6427.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6427 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Deccio, Kline, McCaslin and Thibaudeau - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6427, 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 Oke: “Thank you Mr. President. Been having a lot of people come up and saying ‘What’s going on?’ and just to let the body know that this week or last week really I got a call from oncologist said, 'It’s back.' So today I was in the Seattle taking two pints of red blood cells. My red bloods are way down and they told me that, they told me, that they came from Seattle, a very liberal district, so I’m getting a little concerned there. I’m feeling well. We’re on plan B. They’re going to give me some new medicine Friday and some other things and then my brother's waiting to give me his stem cells, if we have to do that this summer. The good part is, it’s easy going in. They’ll probably kill off all mine Multiple Myeloma cells in me, but then cells might start attacking something else that I need like a liver or something else. So a lot of prayers needs. Appreciate your prayers, support vigil. Always been there for me and I feel good and I feel like we’ll make it through this session and we’ll do some good things. God bless, thank you.”

SECOND READING

      SENATE BILL NO. 6364, by Senators Roach, Rasmussen, Kastama, Haugen and Kline

      Prohibiting certain activities on motor driven boats and vessels.

      The measure was read the second time.

MOTION

      On motion of Senator Roach, the rules were suspended, Senate Bill No. 6364 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Roach and Jacobsen 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. 6364.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6364 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

      Excused: Senators Deccio, Kline, McCaslin and Thibaudeau - 4.

      SENATE BILL NO. 6364, 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. 6579, by Senators McAuliffe, Eide, Weinstein, Schmidt, Berkey, Rasmussen, Franklin, Keiser and Shin

      Requiring parents be notified when a juvenile is taken into custody.

MOTIONS

      On motion of Senator McAuliffe, Substitute Senate Bill No. 6579 was substituted for Senate Bill No. 6579 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 6579 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McAuliffe and Stevens 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. 6579.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6579 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Deccio, McCaslin and Thibaudeau - 3.

      SUBSTITUTE SENATE BILL NO. 6579, 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. 6731, by Senators Fraser, Kohl-Welles, Deccio, Fairley, Mulliken, Prentice, Roach, Honeyford, McAuliffe, Keiser, Regala, Delvin, Franklin, Shin, Sheldon, Berkey, Rasmussen, Haugen, Thibaudeau, Kline and Parlette

      Prohibiting sellers of travel from promoting travel for sex tourism.

      The measure was read the second time.

MOTION

      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 6731 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Fraser, Parlette and Kohl-Welles 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. 6731.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6731 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47.

      Excused: Senators Deccio and McCaslin - 2.

      SENATE BILL NO. 6731, 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. 6541, by Senators Prentice and Zarelli

      Regarding appeal bond requirements against signatories of the tobacco master settlement agreement.

      The measure was read the second time.

MOTION

      On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6541 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6541.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6541 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

      Voting nay: Senators Kohl-Welles and Weinstein - 2.

      Excused: Senators Deccio and McCaslin - 2.

      SENATE BILL NO. 6541, 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. 6555, by Senators Prentice, Haugen, Mulliken, Berkey, Kastama and Rasmussen

      Providing research and services for special purpose districts.

MOTIONS

      On motion of Senator Prentice, Substitute Senate Bill No. 6555 was substituted for Senate Bill No. 6555 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6555 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Zarelli spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6555.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6555 and the bill passed the Senate by the following vote:   Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47.

      Excused: Senators Deccio and McCaslin - 2.

      SUBSTITUTE SENATE BILL NO. 6555, 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. 6330, by Senators Shin, Kastama, Sheldon, Rasmussen, Doumit, Weinstein, Fraser, Swecker, McAuliffe, Oke, Eide, Honeyford, Franklin, Mulliken, Prentice, Pflug, Kohl-Welles, Jacobsen and Roach

      Establishing the Washington trade corps fellowship program.

MOTIONS

      On motion of Senator Shin, Substitute Senate Bill No. 6330 was substituted for Senate Bill No. 6330 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Shin, the rules were suspended, Substitute Senate Bill No. 6330 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.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6330.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6330 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47.

      Excused: Senators Deccio and McCaslin - 2.

      SUBSTITUTE SENATE BILL NO. 6330, 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. 6411, by Senators Doumit, Parlette, Pridemore, Delvin, Fraser, McAuliffe, Shin and Kohl-Welles

      Allowing six-year long collective bargaining agreements.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6411 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Doumit 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. 6411.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6411 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 4; Absent, 0; Excused, 2.

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

      Voting nay: Senators Honeyford, Mulliken, Pflug and Schoesler - 4.

      Excused: Senators Deccio and McCaslin - 2.

      SENATE BILL NO. 6411, 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. 6459, by Senators Keiser, Brandland, Thibaudeau, Spanel, Rasmussen, Kline, Parlette and Kohl-Welles

      Supporting community-based health care solutions.

MOTION

      On motion of Senator Keiser, Second Substitute Senate Bill No. 6459 was substituted for Senate Bill No. 6459 and the second substitute bill was placed on the second reading and read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

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

      (1) Despite sustained efforts at the federal and state level, too many people in Washington remain without access to appropriate health care. Particularly alarming is the increase in the number of small business employees who are uninsured. Without a health home, many low-income and other vulnerable populations are left to inefficiently navigate a fragmented treatment system that fails to support their long-term well-being.

      (2) In recent years, numerous community-based organizations have emerged around the state to address health care concerns at a local level. Through innovation and public/private collaboration, they have demonstrated great success and show even greater promise in improving health care access for local residents. Less remote than state and federal agencies, these organizations have built on local relationships to increase the availability and affordability of services, and coordinate care, making efficient use of a wide variety of community resources to meet community needs.

      (3) Many of these organizations have relied on grants from the healthy communities access program, an initiative of the United States department of health and human services that provided funding and technical assistance to support collaborative efforts at the local level to coordinate and strengthen health services for the uninsured and underinsured. The program, however, was recently discontinued, placing these local efforts at risk.

      It is therefore the intent of the legislature to enhance and support the development of collaborative community-based organizations working at the local level to increase access to health care for Washington residents.

      NEW SECTION. Sec. 2. (1) The community health care collaborative grant program is established to further the efforts of community-based organizations to increase access to appropriate, affordable health care for Washington residents, particularly employed low-income persons who are uninsured and underinsured, through local programs addressing one or more of the following: (a) Access to medical treatment; (b) the efficient use of health care resources; or (c) quality of care.

      (2) Grants of up to five hundred thousand dollars per organization shall be awarded pursuant to sections 3 and 4 of this act by the administrator of the health care authority in consultation with the secretary of the department of health, the assistant secretary of the health and recovery services administration within the department of social and health services, and the insurance commissioner.

      (3) The health care authority shall provide administrative support for the program.

      NEW SECTION. Sec. 3. Eligibility for grants shall be limited to nonprofit organizations established to serve a defined substate geographic region and having a formal collaborative governance structure and decision-making process for improving access. The nature and format of the application, and the application procedure, shall be determined by the administrator of the health care authority. At a minimum, each application shall: (1) Identify the geographic region served by the organization; (2) show how the structure and operation of the organization reflects the interests of, and is accountable to, this region; (3) indicate the size of the grant being requested, and how the money will be spent; and (4) include sufficient information for an evaluation of the application based on the criteria established in section 4 of this act.

      NEW SECTION. Sec. 4. (1) Grants shall be awarded on a competitive basis based on a determination of which applicant organization will best serve the purposes of the grant program. In making this determination, consideration shall be given to the extent to which:

      (a) The programs to be supported by the grant are likely to address, in a measurable fashion, documented health care access needs within the region to be served;

      (b) An applicant organization can be expected to successfully implement these programs, including the extent to which the application reflects formal, active collaboration among key community members such as local governments, school districts, large and small businesses, nonprofit organizations, carriers, private health care providers, and public health agencies;

      (c) The applicant organization will match the grant with funds from other sources. Grants may be awarded only to organizations providing at least two dollars in matching funds for each grant dollar awarded;

      (d) The grant will enhance the long-term capacity of the applicant organization and its partners to serve the region's documented health care access needs, including the sustainability of the programs to be supported by the grant;

      (e) The programs to be supported by the grant reflect creative, innovative approaches which complement and enhance existing efforts to address the needs of the uninsured and underinsured and, if successful, could be replicated in other areas of the state; and

      (f) The programs to be supported by the grant make efficient and cost-effective use of available funds through administrative simplification and improvements in the structure and operation of the health care delivery system.

      (2) The administrator shall endeavor to disburse grant funds throughout the state, supporting organizations and programs of differing sizes and scales, and serving differing populations.

      NEW SECTION. Sec. 5. One-half the total amount of any award shall be disbursed to an organization upon its selection as a grant recipient. The remaining half shall be disbursed one year later only upon receipt by the administrator of the health care authority of a progress report from the organization, and a determination by the administrator, in consultation with the secretary of the department of health, the assistant secretary of the health and recovery services administration within the department of social and health services, and the insurance commissioner, that the organization is satisfactorily serving the purposes of the grant program and meeting the objectives identified in its application regarding: (1) Access to medical treatment; (2) the efficient use of health care resources; or (3) quality of care.

      NEW SECTION.  Sec. 6   By July 1, 2008, the administrator of the health care authority shall provide the governor and the legislature with an evaluation of the community health care collaborative grant program, describing the organizations and programs funded and the results achieved. Particularly successful programs shall be highlighted with recommendations on whether, and how, the programs could be replicated statewide. The evaluation shall also summarize any recommendations from the participating organizations regarding ways to improve the grant program and for the state to otherwise support community-based organizations working to improve access to health care for Washington residents, including any changes in state statutes or regulations.

      NEW SECTION.  Sec. 7   The health care authority may adopt rules to implement this act.

      NEW SECTION.  Sec. 8   The community health care collaborative account is created in the custody of the state treasurer. Expenditures from the account may be used only for the purposes set forth in this act. Only the administrator of the health care authority or the administrator'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. 

      NEW SECTION.  Sec. 9   This act expires June 30, 2009."

      Senator Keiser 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 Keiser to Second Substitute Senate Bill No. 6459.

      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 1 of the title, after "solutions;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

MOTION

      On motion of Senator Keiser, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6459 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Keiser, Brandland and Delvin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Second Substitute Senate Bill No. 6459.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6459 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

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

      Voting nay: Senator Pflug - 1.

      Excused: Senators Deccio and McCaslin - 2.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6459, 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. 6501, by Senators Rockefeller, Poulsen, Morton, Honeyford, Fraser, Regala, Kohl-Welles, Rasmussen, Kline and Keiser

      Creating the Washington bioenergy loan program. Revised for 1st Substitute: Creating the Washington bioenergy assistance program.

MOTION

      On motion of Senator Rockefeller, Substitute Senate Bill No. 6501 was substituted for Senate Bill No. 6501 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. The legislature finds that:

      (1) Washington's dependence on energy supplied from outside the state and volatile global energy markets makes its economy and citizens vulnerable to unpredictable and high energy prices;

      (2) Washington's dependence on petroleum-based fuels increases energy costs for citizens and businesses;

      (3) Diesel soot from diesel engines ranks as the highest toxic air pollutant in Washington, leading to hundreds of premature deaths and increasing rates of asthmas and other lung diseases;

      (4) The use of biodiesel results in significantly less air pollution than traditional diesel fuels;

      (5) Improper disposal and treatment of organic waste from farms and livestock operations can have a significant negative impact on water quality;

      (6) Washington has abundant supplies of organic wastes from farms that can be used for energy production and abundant farmland where crops could be grown to supplement or supplant petroleum-based fuels;

      (7) The use of energy and fuel derived from these sources can help citizens and business conserve energy and reduce the use of petroleum-based fuels, would improve air and water quality in Washington, reduce environmental risks from farm wastes, create new markets for farm products, and provide new industries and jobs for Washington citizens; and

      (8) The bioenergy industry is a new and developing industry that is, in part, limited by the availability of capital for the construction of facilities for converting farm and forest products into energy and fuels.

       Therefore, the legislature finds that it is in the public interest to encourage the rapid adoption and use of bioenergy, to develop a viable bioenergy industry within Washington state, and to support a viable agriculture industry to grow bioenergy crops. To accomplish this, the Washington bioenergy assistance program is established to stimulate the construction of facilities in Washington to generate energy from farm sources or convert organic matter into fuels.

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

      (1) "Assistance" includes loans, leases, product purchases, or other forms of financial or technical assistance.

      (2) "Department" means the department of agriculture.

      (3) "Director" means the director of the department of agriculture.

      (4) "Political subdivision" means any port district, county, city, town, special purpose district, and any other municipal corporation or quasi-municipal corporation in the state.

      (5) "Project" means the construction of facilities, including the purchase of equipment, to convert farm products or wastes into electricity or gaseous and liquid fuels. These specifically include facilities to generate electricity or methane from the anaerobic digestion of organic matter, and facilities for the extracting oils from canola, rape, mustard, and other oilseeds. "Project" may also include the construction of facilities used to distribute and store fuels that are produced from farm products or wastes.

      NEW SECTION. Sec. 3. (1) A bioenergy assistance program is established within the department. The director, in cooperation with the department of community, trade, and economic development, may approve an application providing assistance for a project only if the director finds:

      (a) The project will convert farm products or wastes directly into electricity or into gaseous or liquid fuels;

      (b) The project demonstrates technical feasibility and probable business success;

      (c) The business or facility produces long-term economic benefits to the state, a region of the state, or a particular community in the state;

       (d) The project does not require continuing state support;

      (e) The assistance will result in new jobs, job retention, or higher incomes for citizens of the state;

      (f) The assistance is accompanied by private investment;

      (g) The state is provided an option under the assistance agreement to purchase a portion of the fuel or feedstock to be produced by the project, exercisable by the department of general administration;

      (h) The project will increase energy independence or diversity for the state;

      (i) The project will use feed stocks produced in the state, if feasible, except this criterion shall not apply to the construction of facilities used to distribute and store fuels that are produced from farm products or wastes;

      (j) Any product produced by the project will be suitable for its intended use, will meet accepted national or state standards, and will be stored and distributed in a safe and environmentally sound manner;

      (k) The application provides for adequate reporting or disclosure of financial and employment data to the director, and permits the director to require an annual or other periodic audit of the project books; and

      (l) For applications seeking direct financial assistance, the applicant is unable to secure adequate financing from other sources.

      (2) The director may approve an application for assistance up to five million dollars.

      (3) The director shall enter into agreements with approved applicants to fix the terms and rates of the assistance to minimize the costs to the applicants, and to encourage establishment of a viable bioenergy industry. The agreement shall include provisions to protect the state's investment, taking into account depreciation and other circumstances or market conditions. In the event the department of general administration coordinates a biodiesel technical assistance team, the agreement shall incorporate the appropriate best management practices developed by the team.

      (4) The director may defer any payments for up to twelve months or until the project starts to receive revenue from operations, whichever is sooner.

      (5) Political subdivisions and private entities, including economic development councils, may participate in the program.

      NEW SECTION. Sec. 4. (1) The director may establish policies and procedures necessary for processing, reviewing, and approving applications made under this section.

      (2) Each application must show in detail the nature of the project, the source of the feedstock, and the technologies that will be used. Each application must contain a credit analysis of the applicant and a detailed feasibility analysis and business plan.

      (3) The director shall consult with those agencies having expertise and knowledge to assess the technical and business feasibility of the project and probability of success. These agencies may include, but are not limited to, Washington State University, the University of Washington, the department of ecology, the department of community, trade, and economic development, and the Washington state conservation commission.

      (4) If the total requested dollar amount of assistance exceeds the amount available in the Washington bioenergy assistance account created in section 5 of this act, the applications must be prioritized based upon the following criteria:

      (a) The extent to which the project will help conserve energy and reduce dependence on petroleum fuels and imported energy either directly or indirectly;

      (b) The extent to which the project will reduce air and water pollution either directly or indirectly;

      (c) The extent to which the project will establish a viable bioenergy production capacity in Washington;

      (d) The benefits to Washington's agriculture producers; and

      (e) The number and quality of jobs and economic benefits created by the project.

      NEW SECTION. Sec. 5. The Washington bioenergy assistance account is created in the state treasury. All receipts from appropriations made to the account and any loan payments of principal and interest derived from loans made under this chapter must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for assistance for projects consistent with this chapter. Administrative costs of the department may not exceed three percent of the total funds available for this program.

      NEW SECTION. Sec. 6. The director shall report to the legislature and governor on the status of the Washington bioenergy assistance program created under this chapter, on or before December 1st of the years 2006, 2007, and 2009. This report must include information on the projects that have been funded, the status of these projects, and their environmental, energy savings, and job creation benefits.

      Sec. 7. RCW 42.56.270 and 2005 c 274 s 407 are each amended to read as follows:

      The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:

      (1) 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;

      (2) 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 (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;

      (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;

      (4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.-- (sections 1 through 6, 9, and 10 of this act), 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;

      (5) 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;

      (6) 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;

      (7) Financial and valuable trade information under RCW 51.36.120;

      (8) 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;

      (9) 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;

      (10) 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;

      (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) 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; and

      (12)(a) When supplied to and in the records of the department of community, trade, and economic development:

      (i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8) and 43.330.080(4); and

      (ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;

      (b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;

       (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;

      (d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter.

      Sec. 8. RCW 43.84.092 and 2005 c 514 s 1106, 2005 c 353 s 4, 2005 c 339 s 23, 2005 c 314 s 110, 2005 c 312 s 8, and 2005 c 94 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 developmental disabilities community trust 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 education legacy trust account, the election account, the emergency reserve fund, The Evergreen State College capital projects account, the federal forest revolving account, the freight mobility investment 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 real estate appraiser commission account, the regional transportation investment district account, the resource management cost account, the rural Washington loan fund, the site closure account, the small city pavement and sidewalk 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 transportation partnership 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 bioenergy assistance account, 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. 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. 10. Sections 1 through 6 and 9 of this act expire June 30, 2016. Any moneys in the Washington bioenergy assistance account on that date and any moneys received pursuant to assistance made under this chapter must be deposited in the general fund.

      NEW SECTION. Sec. 11. Sections 1 through 6, 9, 10, and 12 of this act constitute a new chapter in Title 15 RCW.

      NEW SECTION. Sec. 12. This act takes effect July 1, 2006."

      Senator Rockefeller spoke in favor of adoption of the striking amendment.

POINT OF INQUIRY

Senator Mulliken: “Would Senator Rockefeller yield to a question? I’m referring to page 2, section 2 and I’d like to just clarify the sub 4 under section 2 where it says that the political subdivision as a definition means 'any port district, county, city, towns, special purpose district any other municipal corporation or quasi municipal corporation in this state.' In discussions we’ve talked about the economic development councils being part of their, the going through the process, and allowing recommendations from them. Is it your understanding that includes them?”

Senator Rockefeller: “Thank you for your question Senator. I would refer you to in section 3, sub 4, rather sub 5, on the bottom of page three, where it says, ‘Political subdivisions and private enterties, including economic development councils may participate in the program.'”

      Senator Mulliken spoke in favor 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. 6501.

      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 "program;" strike the remainder of the title and insert "amending RCW 42.56.270; reenacting and amending RCW 43.84.092; adding a new chapter to Title 15 RCW; providing an effective date; and providing an expiration date."

MOTION

      On motion of Senator Rockefeller, the rules were suspended, Engrossed Substitute Senate Bill No. 6501 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rockefeller and Mulliken 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. 6501.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6501 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau, Weinstein and Zarelli - 47.

      Excused: Senators Deccio and McCaslin - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6501, 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. 6539, by Senators Kohl-Welles, Parlette and Keiser

      Changing the formula cap on spirits, beer, and wine restaurant licenses.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6539 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 Senate Bill No. 6539.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6539 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

      Voting nay: Senators Honeyford and Mulliken - 2.

      Excused: Senators Deccio and McCaslin - 2.

      SENATE BILL NO. 6539, 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. 6826, by Senator Benton

      Exempting fees and charges for public transportation services from public utility taxes.

      The measure was read the second time.

MOTION

      On motion of Senator Benton, the rules were suspended, Senate Bill No. 6826 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Benton spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Fraser was excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6826.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6826 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Deccio, Fraser and McCaslin - 3.

      SENATE BILL NO. 6826, 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. 6646, by Senators Doumit, Parlette, Sheldon, Swecker and Rasmussen

      Regarding outdoor burning in areas of small towns and cities.

MOTION

      On motion of Senator Doumit, Substitute Senate Bill No. 6646 was substituted for Senate Bill No. 6646 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Doumit moved that the following striking amendment by Senators Doumit and Poulsen be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 70.94.743 and 2004 c 213 s 1 are each amended to read as follows:

      (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical:

      (a) Outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning.

      (b) Outdoor burning shall not be allowed in any ((urban growth area as defined by RCW 36.70A.030, or any)) city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. In no event shall such burning be allowed ((after December 31, 2000, except that)) within ((the)) urban growth areas as defined by RCW 36.70A.030, except that within urban growth areas for cities having a population of less than five thousand people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal clean air act, ((in)) no ((event shall)) such burning shall be allowed after December 31, ((2006)) 2008.

      (c) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755. If outdoor burning is allowed in areas subject to (a) or (b) of this subsection, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this section.

      (d)(i) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70.94.650 and 70.94.656, is allowed within the urban growth area as defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area.

      (ii) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.

      (2) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

      (3) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas."

      Senator Doumit spoke in favor of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Doumit and Poulsen to Substitute Senate Bill No. 6646.

      The motion by Senator Doumit 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 "cities;" strike the remainder of the title and insert "and amending RCW 70.94.743."

MOTION

      On motion of Senator Doumit, the rules were suspended, Engrossed Substitute Senate Bill No. 6646 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      Senator Fraser spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6646.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6646 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 12; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Finkbeiner, Franklin, Hargrove, Haugen, Hewitt, Honeyford, Jacobsen, Johnson, Kastama, McAuliffe, Morton, Mulliken, Oke, Parlette, Pflug, Prentice, Rasmussen, Roach, Schmidt, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 35.

      Voting nay: Senators Fairley, Fraser, Keiser, Kline, Kohl-Welles, Poulsen, Pridemore, Regala, Rockefeller, Spanel, Thibaudeau and Weinstein - 12.

      Excused: Senators Deccio and McCaslin - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6646, 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. 6699, by Senators Pridemore, Schmidt, Zarelli, McAuliffe, Spanel and Delvin

      Concerning cost savings on course materials for students at state universities, regional universities, and The Evergreen State College.

MOTIONS

      On motion of Senator Pridemore, Substitute Senate Bill No. 6699 was substituted for Senate Bill No. 6699 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Pridemore, the rules were suspended, Substitute Senate Bill No. 6699 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Pridemore and Schmidt spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Fraser was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6699.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6699 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

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

      Voting nay: Senator Carrell - 1.

      Excused: Senators Deccio, Fraser and McCaslin - 3.

      SUBSTITUTE SENATE BILL NO. 6699, 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. 6342, by Senators Kline, Esser and Pflug

      Changing the election and appointment provisions for municipal court judges.

      The measure was read the second time.

MOTION

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

      On page 2, line 6, after "and" insert "a resident"

      On page 3, line 15, after "person" insert "must be a citizen of the United States of America and a resident of the state of Washington, and"

      Senator Kline 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 Kline on page 2, line 6 to Senate Bill No. 6342.

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

MOTION

      On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 6342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline, Johnson, Rockefeller and Roach spoke in favor of passage of the bill.

      Senator Zarelli 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 and the demand was sustained.

      The President declared the question before the Senate to be the motion of Senator Jacobsen, “Shall the main question be now put?”

MOTION

      Senator Honeyford demanded a roll call vote.

      The President declared that at least one-sixth of the Senate joined the demand and the demand was sustained.

      The Secretary called the roll on the motion by Senator Jacobsen that the main question be now put and the motion carried by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Sheldon, Shin, Spanel, Thibaudeau and Weinstein - 25.

      Voting nay: Senators Benson, Benton, Brandland, Carrell, Delvin, Esser, Finkbeiner, Hewitt, Honeyford, Johnson, Kastama, Morton, Mulliken, Oke, Parlette, Pflug, Roach, Schmidt, Schoesler, Stevens, Swecker and Zarelli - 22.

      Excused: Senators Deccio and McCaslin - 2.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 6342.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6342 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.

      Voting yea: Senators Benson, Berkey, Brown, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Jacobsen, Johnson, Kline, Kohl-Welles, McAuliffe, Mulliken, Prentice, Pridemore, Regala, Rockefeller, Schmidt, Spanel, Stevens, Thibaudeau and Weinstein - 27

      Voting nay: Senators Benton, Brandland, Carrell, Doumit, Hargrove, Honeyford, Kastama, Keiser, Morton, Oke, Parlette, Pflug, Poulsen, Rasmussen, Roach, Schoesler, Sheldon, Shin, Swecker and Zarelli - 20

      Excused: Senators Deccio and McCaslin - 2

      ENGROSSED SENATE BILL NO. 6342, 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 5:43 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

EVENING SESSION

The Senate was called to order at 6:50 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 6373, by Senators Keiser, Deccio, Zarelli and Spanel

      Removing expiration of reporting to the legislature of holding a boarding home medicaid eligible resident's room or unit.

      The measure was read the second time.

MOTION

      On motion of Senator Keiser, the rules were suspended, Senate Bill No. 6373 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

MOTION

On motion of Senator Esser, Senators Morton, Johnson, Benton, Finkbeiner, Roach, Zarelli, Honeyford, Brandland, Mulliken, Schoesler and Pflug were excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6373.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6373 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 5; Excused, 4.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker and Thibaudeau - 40

      Absent: Senators Doumit, Jacobsen, Poulsen, Rockefeller and Weinstein - 5

      Excused: Senators Deccio, Mulliken, Roach and Zarelli - 4

      SENATE BILL NO. 6373, 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 Rockefeller: Had I been present I would have voted "Yes" on Senate Bill No. 6373, which eliminates the expiration date for the current bed hold policy applicable to boarding homes providing adult residential or assisted living services.

SENATOR ROCKEFELLER, 23rd Legislative District

SECOND READING

      SUBSTITUTE SENATE BILL NO. 5717, by Senate Committee on Early Learning, K-12 & Higher Education (originally sponsored by Senators Rockefeller, Benton, Fairley, Oke, Keiser, Zarelli, Shin, Rasmussen and Kohl-Welles)

      Providing a funding formula for skill centers. Revised for 2nd Substitute: Requiring a study on the availability and use of skill centers.

MOTIONS

      On motion of Senator McAuliffe, Second Substitute Senate Bill No. 5717 was substituted for Substitute Senate Bill No. 5717 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Second Substitute Senate Bill No. 5717 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.

MOTION

On motion of Senator Schoesler, Senators Mulliken and Zarelli were excused.

MOTION

On motion of Senator Regala, Senators Doumit, Jacobsen, Rockefeller and Weinstein were excused.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5717.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5717 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, Brown, Carrell, Delvin, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Thibaudeau and Weinstein - 44

      Excused: Senators Deccio, Doumit, Jacobsen, Mulliken and Zarelli - 5

      SECOND SUBSTITUTE SENATE BILL NO. 5717, 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. 6791, by Senators Poulsen, Kohl-Welles and Rockefeller

      Allowing the sale of alcoholic beverages on state ferries. Revised for 1st Substitute: Concerning liquor licenses issued to entities providing concession services on ferries.

MOTIONS

      On motion of Senator Poulsen, Substitute Senate Bill No. 6791 was substituted for Senate Bill No. 6791 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 6791 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Poulsen spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senators Kline and Pridemore were excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6791.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6791 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 6; Absent, 0; Excused, 6.

      Voting yea: Senators Benson, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Haugen, Hewitt, Honeyford, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Parlette, Pflug, Poulsen, Prentice, Rasmussen, Regala, Rockefeller, Schmidt, Schoesler, Sheldon, Shin, Spanel, Swecker, Thibaudeau and Weinstein - 37

      Voting nay: Senators Benton, Hargrove, Morton, Oke, Roach and Stevens - 6

      Excused: Senators Deccio, Jacobsen, Kline, Mulliken, Pridemore and Zarelli - 6

      SUBSTITUTE SENATE BILL NO. 6791, 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. 5333, by Senators Regala, Esser, Prentice, Hewitt, Pridemore and McCaslin

      Modifying requirements for voter-approved property tax levies. Revised for 2nd Substitute: Modifying requirements for voter-approved regular property tax levies.

MOTIONS

      On motion of Senator Regala, Second Substitute Senate Bill No. 5333 was substituted for Senate Bill No. 5333 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator Regala, the rules were suspended, Second Substitute Senate Bill No. 5333 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 Second Substitute Senate Bill No. 5333.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5333 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

      Voting nay: Senators Benton and Pflug - 2

      Excused: Senators Deccio and Zarelli - 2

      SECOND SUBSTITUTE SENATE BILL NO. 5333, 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. 6195, by Senators Franklin, Regala, Keiser, Eide, Prentice, Jacobsen, McAuliffe, Fraser, Kline and Shin

      Requiring health impact assessments.

MOTIONS

      On motion of Senator Franklin, Second Substitute Senate Bill No. 6195 was substituted for Senate Bill No. 6195 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator Franklin, the rules were suspended, Second Substitute Senate Bill No. 6195 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Franklin spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 6195.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6195 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

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

      Voting nay: Senators Pflug and Schoesler - 2

      Excused: Senators Deccio and Zarelli - 2

      SECOND SUBSTITUTE SENATE BILL NO. 6195, 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. 5236, by Senators Kohl-Welles, Parlette, Keiser, Fraser, Honeyford and Kline

      Providing additional funding to the prevailing wage program of the department of labor and industries by discontinuing the transfer of moneys from the public works administration account to the general fund-state account.

MOTIONS

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5236 was substituted for Senate Bill No. 5236 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. 5236 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 Senate Bill No. 5236.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5236 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Benson, Benton, Berkey, Brandland, Brown, Carrell, Delvin, Doumit, Eide, Esser, Fairley, 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 - 47

      Voting nay: Senator Finkbeiner - 1

      Excused: Senator Deccio - 1

      SUBSTITUTE SENATE BILL NO. 5236, 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 seventh order of business.

MOTION