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SIXTIETH DAY

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MORNING SESSION


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Senate Chamber, Olympia, Thursday, March 9, 1995

      The Senate was called to order at 9:00 a.m. by President Pro Tempore Wojahn. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Cal Anderson, Deccio, Fraser and Pelz. On motion of Senator Loveland, Senators Cal Anderson, Drew and Fraser were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Erin Sandor and Pat Schindler, presented the Colors. Reverend Phil Rue, pastor of the Gloria Dei Lutheran Church of Olympia, offered the prayer.


MOTION


      On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.


MESSAGES FROM THE HOUSE

March 7, 1995

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1080,

      HOUSE BILL NO. 1142,

      ENGROSSED HOUSE BILL NO. 1322,

      SUBSTITUTE HOUSE BILL NO. 1329,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1331,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1574, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 7, 1995

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1035,

      HOUSE BILL NO. 1059,

      SUBSTITUTE HOUSE BILL NO. 1129,

      HOUSE BILL NO. 1136,

      HOUSE BILL NO. 1163,

      HOUSE BILL NO. 1213,

      HOUSE BILL NO. 1223,

      HOUSE BILL NO. 1226,

      HOUSE BILL NO. 1228,

      SUBSTITUTE HOUSE BILL NO. 1230,

      SUBSTITUTE HOUSE BILL NO. 1233,

      SUBSTITUTE HOUSE BILL NO. 1246,

      SUBSTITUTE HOUSE BILL NO. 1250,

      HOUSE BILL NO. 1275,

      SUBSTITUTE HOUSE BILL NO. 1289,

      ENGROSSED HOUSE BILL NO. 1323,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1512,

      ENGROSSED HOUSE BILL NO. 1619,

      HOUSE BILL NO. 1702,

      ENGROSSED HOUSE BILL NO. 1710,

      HOUSE BILL NO. 1712, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 7, 1995

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1248,

      HOUSE BILL NO. 1256,

      SUBSTITUTE HOUSE BILL NO. 1272,

      HOUSE BILL NO. 1282,

      HOUSE BILL NO. 1349,

      SUBSTITUTE HOUSE BILL NO. 1350,

      HOUSE BILL NO. 1456,

      SUBSTITUTE HOUSE BILL NO. 1548,

      SUBSTITUTE HOUSE BILL NO. 1573, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 7, 1995

MR. PRESIDENT:

      The House has passed:

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1009,

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1021,

      SUBSTITUTE HOUSE BILL NO. 1776,

      HOUSE BILL NO. 1792, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

E2SHB 1009      by House Committee on Appropriations (originally sponsored by Representatives Chandler, Skinner, Kremen, Delvin, Schoesler, Mastin, Chappell, Grant, Foreman, D. Schmidt, Boldt, Clements and Stevens)

 

Establishing a commission on pesticide registration.

 

Referred to Committee on Agriculture and Agricultural Trade and Development.

 

E2SHB 1021      by House Committee on Appropriations (originally sponsored by Representatives Delvin, Hickel, Robertson, Smith, Padden, Sherstad, Dyer, Skinner, Kremen, Hargrove, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Chandler, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, K. Schmidt, Chappell, Basich, Grant, Sehlin, Honeyford, Van Luven, Ballasiotes, Pelesky, Blanton, Hankins, Lambert, D. Schmidt, Mulliken, McMorris, Clements, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens and Casada)

 

Granting to adult court jurisdiction over juveniles who use a firearm while committing a violent offense.

 

Referred to Committee on Law and Justice.

 

SHB 1035          by House Committee on Children and Family Services (originally sponsored by Representatives Thibaudeau, Morris, Scott, Tokuda, Costa, Mason, Brown, Ogden, Basich, Wolfe, Patterson and Chopp)

 

Establishing notification and referral procedures for deaths occurring in children's residential facilities and in facilities serving developmentally disabled persons.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1059            by Representatives Lisk and Sheldon (by request of Liquor Control Board)

 

Improving the enforcement provisions of the Washington state liquor act.

 

Referred to Committee on Labor, Commerce and Trade.

 

ESHB 1080        by House Committee on Agriculture and Ecology (originally sponsored by Representatives Pennington, Chappell, McMorris, Carlson, Benton, McMahan, B. Thomas, Clements, Brumsickle, Boldt, Hatfield, Buck, Campbell, Delvin, Johnson, Sheldon, Mulliken, Kessler, Basich, Fuhrman, Morris, Huff, Honeyford, Chandler, Elliot, Schoesler and Sheahan)

 

Establishing an exemption to the outdoor burning permit program for certain nonurban areas.

 

Referred to Committee on Ecology and Parks.

 

SHB 1129          by House Committee on Finance (originally sponsored by Representatives Schoesler, Brown, Mulliken, Sheahan, Robertson, Buck, Dyer, Delvin, Skinner, Cooke, McMorris, Talcott, Fuhrman, Brumsickle, Sheldon, Campbell, Boldt, Elliot, Koster, Chandler, Van Luven, K. Schmidt, L. Thomas, Casada, Carlson, Backlund, Basich, Huff, Mitchell, Kremen and Benton)

 

Modifying tax exemptions for nonprofit organizations.

 

Referred to Committee on Ways and Means.

 

HB 1136            by Representatives Ballasiotes, Kessler, Campbell, Costa, Padden, Delvin, Hargrove, Basich, Tokuda, Lisk, Dyer, Mastin, Schoesler, Blanton, Sheldon, Lambert, L. Thomas, Backlund, Van Luven, Benton, Buck, Crouse, Chappell, Wolfe, Huff, Mitchell, Hickel, Thompson, Foreman, Sherstad, Chandler, Clements, Patterson, Mulliken, Honeyford, Cooke, Johnson, D. Schmidt, Pennington, Hymes, Kremen, Carrell, Mielke and Sheahan

 

Requiring twenty-five percent of inmate welfare accounts to be used for victims' compensation.

 

Referred to Committee on Human Services and Corrections.

 

HB 1142            by Representatives Lambert, Tokuda, Hymes, Carrell, Robertson, Quall, Mitchell, Smith, B. Thomas, L. Thomas, Backlund, Dyer, Thompson, Boldt, Chappell, Basich, Huff, Stevens, Sherstad, Schoesler, Casada and Padden

 

Prohibiting testing students regarding personal beliefs.

 

Referred to Committee on Education.

 

HB 1163            by Representatives Kremen, Goldsmith, Kessler, McMorris, Campbell, Basich, Thompson, Foreman, McMahan, Buck, Cooke, Mielke and Sheahan

 

Providing a tax exemption for property used by nonprofit organizations for camping and recreational purposes.

 

Referred to Committee on Ways and Means.

 

HB 1213            by Representatives Brumsickle, Grant, Cody, Basich and McMahan

 

Revising provisions relating to liability in training of emergency service medical personnel.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1223            by Representatives Brumsickle, Cole, B. Thomas, Silver and Carlson (by request of Board of Education and Superintendent of Public Instruction Billings)

 

Changing state board of education staff provisions.

 

Referred to Committee on Education.

 

HB 1226            by Representatives Buck, Basich, Fuhrman and Kessler (by request of Department of Fish and Wildlife)

 

Authorizing shellfish to be taken under a salmon charter license.

 

Referred to Committee on Natural Resources.

 

HB 1228            by Representatives L. Thomas, Basich and Fuhrman (by request of Department of Fish and Wildlife)

 

Authorizing the director of fish and wildlife to administer game fish catch record cards.

 

Referred to Committee on Natural Resources.

 

SHB 1230          by House Committee on Education (originally sponsored by Representatives Brumsickle, Cole, Silver and Scott) (by request of Board of Education)

 

Changing teacher preparation provisions.

 

Referred to Committee on Education.

 

SHB 1233          by House Committee on Government Operations (originally sponsored by Representatives L. Thomas, R. Fisher and Wolfe) (by request of Secretary of State Munro)

 

Avoiding conflicts of interest on election canvassing boards.

 

Referred to Committee on Government Operations.

 

SHB 1246          by House Committee on Transportation (originally sponsored by Representatives Kremen, Goldsmith, Mastin, Kessler, Van Luven, Dyer, Sheldon, Hymes, Quall, Basich, Morris, Chandler, Backlund, Talcott and Sheahan)

 

Regulating private school buses.

 

Referred to Committee on Transportation.

 

SHB 1248          by House Committee on Trade and Economic Development (originally sponsored by Representatives Van Luven, G. Fisher, Boldt, Carrell, Campbell, Mason, Ebersole, B. Thomas, Cairnes, Radcliff, Cooke, Chandler, Mielke, Ballasiotes, Robertson, Mitchell, Schoesler, Appelwick, Sheldon, Costa, Morris, Basich and Conway)

 

Providing tax deferrals for a new thoroughbred race track facility.

 

Referred to Committee on Labor, Commerce and Trade.

 

SHB 1250          by House Committee on Commerce and Labor (originally sponsored by Representatives Cole, Cody, Conway, Basich, Scott, Costa and Chopp)

 

Providing for prompt payment of industrial insurance awards.

 

Referred to Committee on Labor, Commerce and Trade.

 

HB 1256            by Representatives Schoesler, Sheldon, Thompson, Johnson, Clements, Hickel, Huff, Boldt, Sheahan and Basich

 

Preempting the field of landlord-tenant regulation.

 

Referred to Committee on Financial Institutions and Housing.

 

SHB 1272          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Blanton, Johnson, Kremen, Sherstad, Elliot and Backlund)

 

Recovering gasoline vapors.

 

Referred to Committee on Ecology and Parks.

 

HB 1275            by Representatives McMorris, Morris, Kessler, Buck, Foreman and Basich

 

Extending existing employer workers' compensation group self-insurance.

 

Referred to Committee on Labor, Commerce and Trade.

 

HB 1282            by Representatives Fuhrman, Mastin, Buck, Goldsmith, Koster, Padden, Mulliken, Lambert, Crouse, Thompson, Basich, Hargrove, Sheldon, McMahan, Pelesky, Sheahan, Boldt and Elliot

 

Authorizing landowners to kill coyotes and Columbian ground squirrels.

 

Referred to Committee on Natural Resources.

 

SHB 1289          by House Committee on Law and Justice (originally sponsored by Representatives Ballasiotes, Costa, Sheahan, Van Luven, Lambert, Mason, Mielke, Reams, Delvin, Foreman and Scott)

 

Specifying the duties of an operator of a vessel involved in an accident.

 

Referred to Committee on Law and Justice.

 

EHB 1322          by Representatives Van Luven, G. Fisher, Hatfield, Ballasiotes, Mitchell, Hymes, Johnson, L. Thomas, Campbell, Kremen and Basich

 

Affecting the property taxation of senior citizens and persons retired because of physical disabilities.

 

Referred to Committee on Ways and Means.

 

EHB 1323          by Representatives Cairnes, Hargrove and Sherstad

 

Exempting new construction from seller's disclosure requirements.

 

Referred to Committee on Government Operations.

 

SHB 1329          by House Committee on Health Care (originally sponsored by Representatives Dyer, Dellwo, Cody and Conway) (by request of Department of Health)

 

Regulating food industry safety.

 

Referred to Committee on Health and Long-Term Care.

 

ESHB 1331        by House Committee on Health Care (originally sponsored by Representatives Dyer, Dellwo, Skinner and Backlund) (by request of Department of Health)

 

Changing certain health professional examination procedures.

 

Referred to Committee on Health and Long-Term Care.

 

HB 1349            by Representatives Lisk, Chandler and Veloria (by request of Joint Task Force on Unemployment Insurance)

 

Affecting noncharging of benefits to employers' unemployment insurance experience rating accounts.

 

Referred to Committee on Labor, Commerce and Trade.

 

SHB 1350          by House Committee on Commerce and Labor (originally sponsored by Representatives Lisk, Chandler and Veloria) (by request of Joint Task Force on Unemployment Insurance)

 

Authorizing voluntary contributions for unemployment insurance.

 

Referred to Committee on Labor, Commerce and Trade.

 

HB 1456            by Representatives Dyer, Regala, D. Schmidt, Huff, Mielke, Johnson and Backlund ( by request of Governor Lowry)

 

Allowing persons at least sixteen years of age to make anatomical gifts if a parent or guardian signs the document of gift.

 

Referred to Committee on Health and Long-Term Care.

 

ESHB 1512        by House Committee on Transportation (originally sponsored by Representatives Romero, Chandler, Patterson, Quall, Tokuda, D. Schmidt, Skinner, Chopp, Elliot, Johnson, Ogden, Scott, Blanton, Brown, Hatfield, R. Fisher, Basich, Sheldon, Appelwick, Dellwo, Wolfe, Rust, Regala, Chappell, Kremen, Dickerson, Kessler, Costa, Poulsen and Cody)

 

Expanding the adopt-a-highway program.

 

Referred to Committee on Transportation.

 

SHB 1548          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Dellwo, Goldsmith, Rust, Wolfe, B. Thomas, Backlund, Kessler, Kremen, Robertson, Thompson, Huff, Elliot, McMorris, D. Schmidt, McMahan, Hickel, Schoesler, Clements, Cooke and Brumsickle) (by request of State Treasurer Grimm)

 

Auditing the state investment board.

 

Referred to Committee on Ways and Means.

 

SHB 1573          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Mielke, Blanton, Wolfe, Rust, Horn and Dellwo)

 

Providing for heating oil liability protection.

 

Referred to Committee on Financial Institutions and Housing.

 

ESHB 1574        by House Committee on Natural Resources (originally sponsored by Representatives Elliot, Sheldon, Fuhrman, Valle, McMorris, Schoesler and Radcliff)

 

Clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations.

 

Referred to Committee on Natural Resources.

 

EHB 1619          by Representative Appelwick

 

Revising child support provision for day care expenses.

 

Referred to Committee on Law and Justice.

 

HB 1702            by Representatives Horn, Romero, Cole, Carlson, Cody, Cooke, Rust, Poulsen, Veloria, Mitchell, Reams, Jacobsen, Fuhrman and Costa

 

Regulating wheelchair warranties.

 

Referred to Committee on Labor, Commerce and Trade.

 

EHB 1710          by Representatives Sheahan, Appelwick, Padden and McMahan

 

Changing provisions relating to dissolution of marriage.

 

Referred to Committee on Law and Justice.

 

HB 1712            by Representatives Lambert, Cooke, Padden, Crouse, Hargrove and Elliot

 

Prescribing procedures for pretrial release.

 

Referred to Committee on Law and Justice.

 

SHB 1776          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benton and L. Thomas) (by request of State Treasurer Grimm)

 

Extending authority to enter into payment agreements.

 

Referred to Committee on Government Operations.

 

HB 1792            by Representatives Padden, Carrell, Beeksma, McMahan, Costa, Stevens, Blanton and Thompson

 

Prescribing procedures for release of offenders.

 

Referred to Committee on Law and Justice.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Hochstatter, Gubernatorial Appointment No. 9058, Frank R. Sanchez, as a member of the Board of Trustees for Central Washington University, was confirmed.


APPOINTMENT OF FRANK R. SANCHEZ


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Absent: Senator Pelz - 1.

      Excused: Senators Anderson, C., Drew and Fraser - 3.


MOTION


      On motion of Senator Smith, Senator Pelz was excused.


MOTION


      On motion of Senator Franklin, Gubernatorial Appointment No. 9061, Dennis G. Seinfeld, as a member of the Board of Trustees for Tacoma Community College District No. 22, was confirmed.


APPOINTMENT OF DENNIS G. SEINFELD


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Fraser and Pelz - 3.


      Vice President Pro Tempore Franklin assumed the Chair.


SECOND READING


      SENATE BILL NO. 5742, by Senators Rasmussen, Hochstatter, McAuliffe and Loveland

 

Establishing the Washington state vocational agriculture teacher recruitment program.


MOTIONS


      On motion of Senator Rasmussen, Substitute Senate Bill No. 5742 was substituted for Senate Bill No. 5742 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5742 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5742.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5742 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Absent: Senator Kohl - 1.

      Excused: Senators Anderson, C. and Fraser - 2.

       SUBSTITUTE SENATE BILL NO. 5742, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


SECOND READING


      SENATE BILL NO. 5895, by Senator Snyder

 

Permitting the exchange of state park lands within the Seashore Conservation Area.


      The bill was read the second time.


MOTION


      On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5895 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5895.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5895 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SENATE BILL NO. 5895, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5898, by Senators Rasmussen, West, Loveland, Newhouse, Bauer and Morton

 

Providing that research studies for alternatives to grass burning be conducted by Washington State University.


      The bill was read the second time.


MOTION


      On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5898 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5898.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5898 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SENATE BILL NO. 5898, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5931, by Senators Prentice and Hale

 

Providing parity among financial institutions.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5931 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5931.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5931 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SENATE BILL NO. 5931, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5947, by Senators Bauer, Kohl, Moyer, Palmer, Prince, Sheldon, Gaspard, Snyder, Drew, Sutherland and Winsley (by request of State Board for Community and Technical Colleges)

 

Providing a specific funding mechanism for making additional community and technical college faculty salary increment awards.


MOTIONS


      On motion of Senator Rinehart, Substitute Senate Bill No. 5947 was substituted for Senate Bill No. 5947 and the substitute bill was placed on second reading and read the second time.

      Senator West moved that the following amendment be adopted:

      On page 1, after line 15, strike everything through and including "funds." on page 2, line 21, and insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 28B.50 RCW to read as follows:

      (1) Community and technical college boards of trustees shall award faculty salary increments based on local agreements developed under chapter 28B.52 RCW. Each biennium, the state board for community and technical colleges shall submit in its biennial budget request an amount of funds, which together with faculty turnover savings, is sufficient to cover the projected costs of increments for the community and technical college system. The legislature shall fund the annual cost of salary increments under this subsection, exclusive of turnover savings, not to exceed one and one-half percent of the faculty salary base. The state board for community and technical colleges shall distribute the funds to the college districts in a fair and equitable manner. Allocation from the state board for community and technical colleges shall recognize turnover savings.

      (2) The state board for community and technical colleges shall convene a task force comprised of representatives from the state board, the presidents' organization, the trustees' organization, and the faculties' organization as defined by RCW 28B.52.020(7), to advise the state board on guidelines for the fair and equitable distribution of increment funds."

      Debate ensued.

      Senator West demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator West on page 1, after line 15, to Substitute Senate Bill No. 5947.


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Roach, Schow, Sellar, Strannigan, Swecker, West and Winsley - 22.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Wojahn and Wood - 25.

      Excused: Senators Anderson, C. and Fraser - 2.


MOTION


      On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5947 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5947.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5947 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senators Cantu and Swecker - 2.

      Excused: Senators Anderson, C. and Fraser - 2.

       SUBSTITUTE SENATE BILL NO. 5947, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5278, by Senators Wojahn, Oke, Gaspard, Winsley, Franklin, Long, Rasmussen and Wood

 

Revising provisions relating to awards to persons found not guilty by reason of self defense.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5278 was substituted for Senate Bill No. 5278 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5278 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5278.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5278 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SUBSTITUTE SENATE BILL NO. 5278, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5275, by Senators Haugen, McCaslin and Winsley

 

Affecting the consolidation of cities and towns.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5275 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5275.


ROLL CALL



      The Secretary called the roll on the final passage of Senate Bill No. 5275 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SENATE BILL NO. 5275, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8012, by Senators Newhouse, Heavey, Deccio, Hale, Palmer, Franklin, Fraser, Prentice, Prince and Oke (by request of Joint Task Force on Unemployment Insurance)

 

Requesting that unemployment benefits be removed from the IRS definition of taxable income.


      The joint memorial was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Senate Joint Memorial No. 8012 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8012.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8012 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Fraser - 2.

       SENATE JOINT MEMORIAL NO. 8012, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 5837, by Senators Snyder, Gaspard, Haugen and Spanel

 

Removing the requirement for senate confirmation of certain gubernatorial appointments.


      The bill was read the second time.


MOTION


      Senator Hargrove moved that the following amendment by Senators Hargrove, Ann Anderson, Fraser, Spanel and Snyder be adopted:

      On page 19, beginning on line 13, strike all material through "matter." on page 20, line 14.

      Renumber the remaining sections consecutively.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Ann Anderson, Fraser, Spanel and Snyder on page 19, beginning on line 13, to Senate Bill No. 5837.

      The motion by Senator Hargrove carried and the amendment was adopted.


MOTIONS


      On motion of Senator Hargrove, the following title amendment was adopted:

      On page 1, line 4 of the title after "75.40.040," strike "76.09.210,"

      On motion of Senator Snyder, the rules were suspended, Engrossed Senate Bill No. 5837 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5837.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5837 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 42.

      Voting nay: Senators Deccio, Finkbeiner, Newhouse, Strannigan and West - 5.

      Excused: Senators Anderson, C. and Fraser - 2.

      ENGROSSED SENATE BILL NO. 5837, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5537 and the pending amendment by Senator Pelz on page 4, after line 13, deferred March 8, 1995.


RULING BY THE PRESIDENT PRO TEMPORE


      President Pro Tempore Wojahn: "In ruling upon the point of order raised by Senator Johnson, the President finds that Substitute Senate Bill No. 5537 is a measure which changes the requirements for admission to teacher preparation programs, including elimination of the requirement that applicants achieve a particular score on a general achievement test. The bill also repeals sections of law dealing with State Board of Education directives to encourage or require certain elements in teacher preparation programs, including child abuse issues and the participation of higher education faculty in K-12 instruction.

      "The amendment proposed by Senator Pelz would also address teacher preparation program requirements by preventing the State Board of Education from adopting a requirement which specifies a literature course in any particular nationality.

      "The President, therefore, finds that the proposed amendment does not change the scope and object of the bill and the point of order is not well taken."


      The amendment by Senator Pelz on page 4, after line 13, to Substitute Senate Bill No. 5537 was ruled in order.


      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Pelz on page 4, after line 13, to Substitute Senate Bill No. 5537.

      Debate ensued.

      The motion by Senator Pelz failed and the amendment was not adopted on a rising vote.


MOTION


      Senator Ann Anderson moved that the following amendments be considered simultaneously and be adopted:

      Beginning on page 1, line 5, strike all the material down to and including "schools." on page 4, line 13.

Renumber the remaining section consecutively and correct any internal references accordingly.

      On page 4, line 20, after "226;" strike all the material down to and including "1997 c 525 s 202;" on page 4, line 22

      Renumber the remaining subsections consecutively and correct any internal references accordingly.


MOTION


      On motion of Senator McAuliffe, and there being no objection, further consideration of Substitute Senate Bill No. 5537 was deferred.


MOTION


      At 10:31 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 1:38 p.m. by President Pro Tempore Wojahn.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8020, by Senators Loveland, Hale, Rasmussen, A. Anderson, Newhouse, Bauer, Snyder, Morton, Sutherland, Finkbeiner, Hochstatter, Owen, Hargrove, Rinehart, Spanel, Drew, Sheldon, Fraser, Sellar and McDonald

 

Concerning federal funds for the cleanup of the Hanford waste disposal site.


MOTIONS


      On motion of Senator Fraser, Substitute Senate Joint Memorial No. 8020 was substituted for Senate Joint Memorial No. 8020 and the substitute joint memorial was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Substitute Senate Joint Memorial No. 8020 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Ann Anderson, Senators Finkbeiner and McDonald were excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8020.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8020 and the joint memorial passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Finkbeiner and McDonald - 3.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8020, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 5510, by Senators Smith, Roach and Quigley

 

Revising provisions relating to food stamp crimes.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Senate Bill No. 5510 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5510.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5510 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Finkbeiner - 2.

       SENATE BILL NO. 5510, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      Vice President Pro Tempore Franklin assumed the Chair.


MOTION


      On motion of Senator Loveland, Senators Drew and Quigley were excused.


SECOND READING


      SENATE BILL NO. 5520, by Senators Hargrove, Long and Franklin

 

Modifying placement of juveniles, specifically addressing independent living.


      The bill was read the second time.


MOTION


      On motion of Senator Hargrove, the rules were suspended, Senate Bill No. 5520 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5520.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5520 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 45.

      Absent: Senator Wojahn - 1.

      Excused: Senators Anderson, C., Drew and Quigley - 3.

       SENATE BILL NO. 5520, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5521, by Senators Kohl and Quigley (by request of Department of Social and Health Services)

 

Modifying availability of child care subsidy programs.


MOTIONS


      On motion of Senator Kohl, Substitute Senate Bill No. 5521 was substituted for Senate Bill No. 5521 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kohl, the rules were suspended, Substitute Senate Bill No. 5521 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5521.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5521 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Drew - 2.

       SUBSTITUTE SENATE BILL NO. 5521, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


MOTION


      On motion of Senator Heavey, the Senate commenced consideration of Senate Bill No. 5514.


SECOND READING


      SENATE BILL NO. 5514, by Senators Schow, Roach, Prince, Morton, Wood, Rasmussen, Long, Oke, Finkbeiner, Smith, Hargrove, Johnson, McCaslin and Owen

 

Posting fuel tax rates.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 5514 was substituted for Senate Bill No. 5514 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Schow, the following amendment was adopted:

      On page 1, line 11, after "apparatus." insert "Operators violating this section shall receive a warning for a first offense followed by a twenty-five dollar fine for each subsequent offense."


MOTION


      On motion of Senator Schow, the rules were suspended, Engrossed Substitute Senate Bill No. 5514 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5514.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5514 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Deccio, Fairley, Finkbeiner, Gaspard, Hargrove, Heavey, Hochstatter, Kohl, Long, McCaslin, McDonald, Owen, Prentice, Prince, Quigley, Roach, Schow, Smith, Spanel, Strannigan and Wood - 22.

      Voting nay: Senators Anderson, A., Cantu, Drew, Franklin, Fraser, Hale, Haugen, Johnson, Loveland, McAuliffe, Morton, Moyer, Newhouse, Oke, Palmer, Pelz, Rasmussen, Rinehart, Sellar, Sheldon, Snyder, Sutherland, Swecker, West, Winsley and Wojahn - 26.

      Excused: Senator Anderson, C. - 1.

       ENGROSSED SUBSTITUTE SENATE BILL NO. 5514, having failed to receive the constitutional majority, was declared lost.


SECOND READING


      SENATE BILL NO. 6004, by Senators Sellar and Oke

 

Authorizing joint agreements between cities and counties for criminal justice purposes.


      The bill was read the second time.


MOTION


      On motion of Senator Sellar, the rules were suspended, Senate Bill No. 6004 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6004.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6004 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Voting nay: Senator Loveland - 1.

      Excused: Senator Anderson, C. - 1.

       SENATE BILL NO. 6004, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6020, by Senators Prentice, Fraser, Sellar and Sutherland

 

Educating consumers about insurance products.


      The bill was read the second time.


MOTION


      On motion of Senator Prentice, the rules were suspended, Senate Bill No. 6020 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6020.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6020 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, Morton, Moyer, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 40.

      Voting nay: Senators Johnson, McCaslin, McDonald, Newhouse, Oke, Roach, Strannigan and West - 8.

      Excused: Senator Anderson, C. - 1.

       SENATE BILL NO. 6020, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6026, by Senators Rasmussen, Loveland, A. Anderson, Morton, Bauer, Snyder, Newhouse, Winsley and Kohl

 

Using "Washington state grown" for agricultural commodities.


MOTIONS


      On motion of Senator Rasmussen, Substitute Senate Bill No. 6026 was substituted for Senate Bill No. 6026 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 6026 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6026.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6026 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Anderson, C. - 1.

       SUBSTITUTE SENATE BILL NO. 6026, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5628, by Senators Smith, McCaslin and Wojahn (by request of Attorney General Gregoire)

 

Regulating consumer leases of automobiles.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5628 was substituted for Senate Bill No. 5628 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5628 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Rinehart was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5628.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5628 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Rinehart - 2.

       SUBSTITUTE SENATE BILL NO. 5628, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5627, by Senators Haugen and Winsley (by request of Attorney General Gregoire)

 

Concerning the proper form of certain ballot titles.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5627 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5627.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5627 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Rinehart - 2.

       SENATE BILL NO. 5627, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5626, by Senators Winsley and Haugen (by request of Department of Community, Trade, and Economic Development)

 

Modifying advisory council on historic preservation representation.


      The bill was read the second time.


MOTION


      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5626 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5626.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5626 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Rinehart - 2.

       SENATE BILL NO. 5626, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 2:36 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 4:23 p.m. by President Pro Tempore Wojahn.


SECOND READING


      SENATE BILL NO. 5342, by Senators Snyder, Swecker, Hargrove, Owen, Spanel and Rasmussen (by request of Governor Lowry)

 

Redefining the program to aid rural natural resources impact areas.


MOTIONS


      On motion of Senator Snyder, Second Substitute Senate Bill No. 5342 was substituted for Senate Bill No. 5342 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Snyder, the following amendment was adopted:

      On page 9, beginning on line 17, after "after" strike all material through "act" on line 18 and insert "January 1, 1994"


MOTION


      On motion of Senator Snyder, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5342 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5342.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5342 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Anderson, C. - 1.

       ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5342, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5219, by Senators Smith, Roach, C. Anderson, Long, Haugen, McCaslin, Spanel, Drew, Winsley, Kohl and Sheldon

 

Changing domestic violence provisions.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5219 was substituted for Senate Bill No. 5219 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the following amendments were considered simultaneously and were adopted:

      On page 17, line 7, after "10.99.050," strike "26.09.060," and insert "26.09.050, 26.09.060, 26.10.040, 26.10.115,"

      On page 17, line 10, after "residence" insert ", workplace, school, or day care"


MOTIONS


      On motion of Senator Smith, the following amendments were considered simultaneously and were adopted:

      On page 26, beginning on line 2, after "develop" strike all material through "cases" on line 4, and insert "an educational manual and a training curriculum for prosecutors in Washington state regarding domestic violence"

      On page 26, line 4, after "The" strike "model" and insert "manual and curriculum"

      On page 26, beginning on line 15, after "the" strike all material through "commission" on line 19, and insert "commission shall distribute a copy of the manual and curriculum specified in subsection (1) of this section to the prosecuting attorney for each county and unit of government for their use in education and training"

      On page 26, beginning on line 20, after "(3)" strike all material through "(2)" on line 21, and insert "The manual and curriculum specified in subsection (1)"

      On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5219 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5219.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5219 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Anderson, C. - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5219, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5365, by Senators Fairley, Deccio, Wojahn and Winsley (by request of Department of Health)

 

Revising the uniform disciplinary act.


MOTIONS


      On motion of Senator Fairley, Substitute Senate Bill No. 5365 was substituted for Senate Bill No. 5365 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5365 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5365.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5365 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Absent: Senator Deccio - 1.

      Excused: Senator Anderson, C. - 1.

      SUBSTITUTE SENATE BILL NO. 5365, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Wood, Senators Deccio and Schow were excused.


SECOND READING


      SENATE BILL NO. 5476, by Senators Loveland, Winsley, Fraser, Haugen, Kohl, Wood, Drew, Bauer, Pelz, Prentice, Quigley, McAuliffe, Roach, Fairley, Franklin, Prince and Long

 

Sharing leave and personal holiday time.


MOTIONS


      On motion of Senator Loveland, Second Substitute Senate Bill No. 5476 was substituted for Senate Bill No. 5476 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Loveland, the rules were suspended, Second Substitute Senate Bill No. 5476 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5476.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5476 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Voting nay: Senators Finkbeiner and Johnson - 2.

      Excused: Senators Anderson, C., Deccio and Schow - 3.

      SECOND SUBSTITUTE SENATE BILL NO. 5476, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5236, by Senators Kohl, Hargrove, Long, Franklin, Prentice, Spanel and Fraser

 

Providing a comprehensive treatment project for persons involved in prostitution.


MOTIONS


      On motion of Senator Kohl, Second Substitute Senate Bill No. 5236 was substituted for Senate Bill No. 5236 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Kohl, the rules were suspended, Second Substitute Senate Bill No. 5236 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5236.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5236 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Voting nay: Senator McCaslin - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5236, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5557, by Senators Sutherland, Bauer, Wood, Palmer and Kohl

 

Establishing the Washington assessment of prior experiential learning program.


MOTIONS


      On motion of Senator Bauer, Second Substitute Senate Bill No. 5557 was substituted for Senate Bill No. 5557 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Bauer, the rules were suspended, Second Substitute Senate Bill No. 5557 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5557.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5557 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Absent: Senator Pelz - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5557, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5905, by Senators Long, Hargrove, Roach, Smith, Winsley, Schow, Swecker, Haugen, Quigley, Hale, Strannigan, McCaslin, Finkbeiner, West, Bauer, Rasmussen and Oke

 

Penalizing persistent prison misbehavior.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5905 was substituted for Senate Bill No. 5905 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5905 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5905.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5905 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5905, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5003, by Senators Rasmussen, Newhouse, Loveland, Sellar, Snyder, Hochstatter, Prince, Bauer, Morton, Haugen, Winsley and A. Anderson

 

Providing criteria to be used in determining whether a fund or account receives interest earnings.


MOTIONS


      On motion of Senator Rasmussen, Second Substitute Senate Bill No. 5003 was substituted for Senate Bill No. 5003 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Rasmussen, the rules were suspended, Second Substitute Senate Bill No. 5003 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5003.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5003 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5003, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5129, by Senators Sheldon, McCaslin, West and Snyder (by request of Department of Revenue)

 

Excluding utility line clearing from the definition of retail sale.


MOTIONS


      On motion of Senator Sheldon, Substitute Senate Bill No. 5129 was substituted for Senate Bill No. 5129 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 5129 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5129.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5129 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Voting nay: Senator Fraser - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5129, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5479, by Senators Hargrove, Hochstatter and Oke

 

Clarifying transfers under the public school open enrollment program with regard to home-schooled and private school students.


MOTIONS


      On motion of Senator McAuliffe, Substitute Senate Bill No. 5479 was substituted for Senate Bill No. 5479 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5479 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Snyder: "Senator Hargrove, I wonder if you would identify the influential constituent in your district for us?"

      Senator Hargrove: "My son."

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5479.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5479 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

       SUBSTITUTE SENATE BILL NO. 5479, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5755, by Senators Loveland, Newhouse, Spanel, Rasmussen and Haugen

 

Concerning the taxation of property donated to a nonprofit entity.


      The bill was read the second time.


MOTION


      On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5755 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5755.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5755 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

       SENATE BILL NO. 5755, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5804, by Senators Johnson and Long (by request of Secretary of State Munro)

 

Clarifying procedures for release of a power of appointment.


MOTIONS


      On motion of Senator Johnson, Substitute Senate Bill No. 5804 was substituted for Senate Bill No. 5804 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5804 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5804.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5804 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5804, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5334, by Senators Smith, Long and Johnson

 

Amending the corporations act.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5334 was substituted for Senate Bill No. 5334 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5334 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5334.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5334 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Absent: Senator Palmer - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5334, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      Vice President Pro Tempore Franklin assumed the Chair.


SECOND READING


      SENATE BILL NO. 5166, by Senator Smith

 

Regarding the renewal of judgments and the extension of judgment liens.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5166 was substituted for Senate Bill No. 5166 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5166 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5166.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5166 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5166, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5647, by Senators Bauer, Wood, Kohl, Drew, Haugen and Winsley (by request of State Board for Community and Technical Colleges)

 

Changing retention of leave provisions for employees of community and technical colleges.


MOTIONS


      On motion of Senator Bauer, Substitute Senate Bill No. 5647 was substituted for Senate Bill No. 5647 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Bauer, the rules were suspended, Substitute Senate Bill No. 5647 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5647.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5647 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5647, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE JOINT MEMORIAL NO. 8008, by Senators Wojahn, Sellar, Snyder, Newhouse, Gaspard, Fairley, Swecker, Deccio, Palmer, Drew, McDonald, Oke, Sutherland and Schow

 

Requesting the United States to advocate for the admission of Taiwan to the United Nations.


MOTIONS


      On motion of Senator Wojahn, Substitute Senate Joint Memorial No. 8008 was substituted for Senate Joint Memorial No. 8008 and the substitute joint memorial was placed on second reading and read the second time.

      On motion of Senator Wojahn, the rules were suspended, Substitute Senate Joint Memorial No. 8008 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Loveland, Senators Bauer and Sheldon were excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Memorial No. 8008.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8008 and the joint memorial passed the Senate by the following vote: Yeas, 39; Nays, 3; Absent, 3; Excused, 4.

      Voting yea: Senators Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Roach, Sellar, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 39.

      Voting nay: Senators Anderson, A., McCaslin and Strannigan - 3.

      Absent: Senators Newhouse, Prince and Rinehart - 3.

      Excused: Senators Anderson, C., Bauer, Schow and Sheldon - 4.

      SUBSTITUTE SENATE JOINT MEMORIAL NO. 8008, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 5141, by Senators Smith, Rasmussen, Quigley, C. Anderson and Bauer

 

Revising provisions relating to offenses involving alcohol or drugs.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5141 was substituted for Senate Bill No. 5141 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5141 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5141.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5141 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Voting nay: Senator Heavey - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5141, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5019, by Senator Snyder

 

Relating to industrial developments.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following amendment by Senators Snyder and Haugen was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:

      A county required or choosing to plan under RCW 36.70A.040 may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for reviewing and approving proposals to authorize siting of specific major industrial developments outside urban growth areas.

      (1) "Major industrial development" means a master planned location for a specific manufacturing, industrial, or commercial business that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks.

      (2) A major industrial development may be approved outside an urban growth area in a county planning under this chapter if criteria including, but not limited to the following, are met:

      (a) New infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.060;

      (b) Transit-oriented site planning and traffic demand management programs are implemented;

      (c) Buffers are provided between the major industrial development and adjacent nonurban areas;

      (d) Environmental protection including air and water quality has been addressed and provided for;

      (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;

      (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

      (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and

      (h) An inventory of developable land has been conducted and the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area.

      (3) Final approval of an application for a major industrial development shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070 designating the major industrial development site on the land use map as an urban growth area. Final approval of an application for a major industrial development shall not be considered an amendment to the comprehensive plan for the purposes of RCW 36.70A.130(2) and may be considered at any time.

      NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


      On motion of Senator Haugen, the following title amendment was adopted:

      On page 1, line 1 of the title, after "developments;" strike the remainder of the title and insert "adding a new section to chapter 36.70A RCW; and declaring an emergency."


MOTION


      On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5019 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5019.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5019 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      ENGROSSED SENATE BILL NO. 5019, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5764, by Senator Cantu

 

Adjusting the procedures of the redistricting commission.


MOTIONS


      On motion of Senator Winsley, Substitute Senate Bill No. 5764 was substituted for Senate Bill No. 5764 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5764 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Loveland, Senators Fairley and Prentice were excused.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5764.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5764 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Fairley, Prentice and Schow - 4.

      SUBSTITUTE SENATE BILL NO. 5764, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5610, by Senators Smith, Deccio, Oke, Winsley, Roach and Schow

 

Penalizing false accusations of child abuse or neglect.


      The bill was read the second time.


MOTION


      Senator Swecker moved that the following amendment be adopted:

      On page 1, line 9, after "making" insert "or the person enticing another to make"

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Swecker on page 1, line 9, to Senate Bill No. 5610.

      The motion by Senator Swecker carried and the amendment was adopted.


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Senate Bill No. 5610 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5610.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5610 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Fairley, Prentice and Schow - 4.

      ENGROSSED SENATE BILL NO. 5610, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


MOTION


      On motion of Senator Spanel, the Senate commenced consideration of Senate Bill No. 5386.


SECOND READING


      SENATE BILL NO. 5386, by Senators Quigley, C. Anderson and Wojahn (by request of Health Care Authority)


      Modifying provision of the basic health plan.


MOTIONS


      On motion of Senator Quigley, Substitute Senate Bill No. 5386 was substituted for Senate Bill No. 5386 and the substitute bill was placed on second reading and read the second time.

      Senator Moyer moved that the following amendment by Senators Moyer, Wood, Winsley, Quigley and Fairley be adopted:

      On page 1, after line 4, insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 70.47 RCW to read as follows:

      (1) The legislature finds that the basic health plan has been an effective program in providing health coverage for uninsured residents. Further, since 1993, substantial amounts of public funds have been allocated for subsidized basic health plan enrollment.

      (2) It is the intent of the legislature that the basic health plan enrollment be expanded expeditiously, consistent with funds available in the health services account, with the goal of two hundred fifty thousand adult subsidized basic health plan enrollees and two hundred fifty thousand children covered through expanded medical assistance services by June 30, 1997, with the priority of providing needed health services to children in conjunction with other public programs."

      Renumber the remaining sections consecutively and correct internal references accordingly.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Moyer, Wood, Winsley, Quigley and Fairley on page 1, after line 4, to Substitute Senate Bill No. 5386.

      The motion by Senator Moyer carried and the amendment was adopted.


MOTION


      Senator Moyer moved that the following amendment by Senators Moyer, Wood, Winsley, Quigley and Fairley be adopted:

      On page 6, after line 11, insert the following:

      "(16) No later than July 1, 1996, the administrator shall implement procedures whereby hospitals licensed under chapters 70.41 and 71.12 RCW, rural health care facilities regulated under chapter 70.175 RCW, and community and migrant health centers funded under RCW 41.05.220, may, at no remuneration, expeditiously assist patients and their families in applying for basic health plan or medical assistance coverage, and in submitting such applications directly to the health care authority or the department of social and health services. The health care authority and the department of social and health services shall make every effort to simplify and expedite the application and enrollment process."

      Debate ensued.


POINT OF INQUIRY


      Senator Franklin: "Senator Moyer, this is a very good amendment, but I have a couple of concerns. It's the unfunded mandate--do you perceive or see that this would cause any extra costs to those facilities then who will be enrolling and providing the application and sending it on to Olympia? That is one question, because there is no money that goes with this and there is time involvement. Do you see this as an unfunded mandate, because we are trying to get away from that?"

      Senator Moyer: "Number one, there should be no cost and number two, it is an opportunity to do it, but it is not a mandate."


POINT OF INQUIRY


      Senator Deccio: "Senator Moyer, I have a question on both this amendment and the next one. There are some details that are going to have to be worked out in connection with both of these amendments. Who is responsible for the premiums and what about the renewals and so on? Who will make these rules--the Health Care Authority?"

      Senator Moyer: "The Health Care Authority."

      Senator Deccio: "There are some details that might be a real problem and they would have to be worked out to the satisfaction of both the entities that do these at no commission and those who do them with a commission."

      Senator Moyer: "We called the Health Care Authority and they are willing to do this."

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Moyer, Wood, Winsley, Quigley and Fairley on page 6, after line 11, to Substitute Senate Bill No. 5386.

      The motion by Senator Moyer carried and the amendment was adopted.


MOTION


      Senator Moyer moved that the following amendment by Senators Moyer, Wood, Winsley, and Quigley be adopted:

      On page 6, after line 11, insert the following:

      "NEW SECTION. Sec. 2. A new section is added to chapter 70.47 RCW to read as follows:

      Insurance brokers and agents who hold the proper license pursuant to chapter 43.17 RCW shall be entitled to sell the basic health plan and shall receive from the health care authority a three percent commission for each individual sale of the basic health plan to anyone not previously signed up and a one percent commission for each group sale of the basic health plan. No commission shall be provided upon a renewal. Commissions shall be determined based on the estimated annual cost of the basic health plan. The health care authority shall use moneys in the basic health plan trust account for this purpose."

      Renumber the remaining sections consecutively and correct internal references accordingly.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Moyer, Wood, Winsley and Quigley on page 6, after line 11, to Substitute Senate Bill No. 5386.

      The motion by Senator Moyer carried and the amendment was adopted.


MOTIONS


      On motion of Senator Quigley, the following title amendment was adopted:

      On page 1, line 2 of the title, after "70.47.020;" insert "adding a new section to chapter 70.47 RCW;"

      On motion of Senator Quigley, the rules were suspended, Engrossed Substitute Senate Bill No. 5386 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5386.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5386 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Schow - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5386, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5537 and the pending amendments by Senator Ann Anderson on page 1, line 5, and page 4, line 20, deferred earlier today.

      Debate ensued.

      Senator Ann Anderson demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Ann Anderson on page 1, line 5, and page 4, line 20, to Substitute Senate Bill No. 5537.


ROLL CALL


      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Sellar, Strannigan, Swecker, West, Winsley and Wood - 23.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 24.

      Excused: Senators Anderson, C. and Schow - 2.


MOTION


      On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5537.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5537 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Spanel, Sutherland and Wojahn - 23.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Sellar, Snyder, Strannigan, Swecker, West, Winsley and Wood - 24.

      Excused: Senators Anderson, C. and Schow - 2.

      SUBSTITUTE SENATE BILL NO. 5537, having failed to receive the constitutional majority, was declared lost.


NOTICE FOR RECONSIDERATION


      Having voted on the prevailing side, Senator Snyder served notice that he would move to reconsider the vote by which Substitute Senate Bill No. 5537 failed to pass the Senate.


      There being no objection, the Senate resumed consideration of Senate Bill No. 5200 and the pending amendments by Senator West on page 1, lines 8 and 9, deferred after being ruled in order March 3, 1995.

      Debate ensued.

      Senator West demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senator West on page 1, lines 8 and 9, to Senate Bill No. 5200.


ROLL CALL


      The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 24; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Sellar, Strannigan, Swecker, West, Winsley and Wood - 23.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 24.

      Excused: Senators Anderson, C. and Schow - 2.

 

MOTION


      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5200 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5200.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5200 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senator Fraser - 1.

      Absent: Senator Deccio - 1.

      Excused: Senators Anderson, C. and Schow - 2.

      SENATE BILL NO. 5200, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5216, by Senators Fraser, Swecker, C. Anderson, Spanel, McAuliffe, Oke, Drew, Owen, Winsley, Haugen and Kohl (by request of Parks and Recreation Commission)

 

Creating the parks renewal and stewardship account.


MOTIONS


      On motion of Senator Fraser, Second Substitute Senate Bill No. 5216 was substituted for Senate Bill No. 5216 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Second Substitute Senate Bill No. 5216 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Ann Anderson: "Senator Fraser, I am trying to figure out the mechanism in this bill and I am on Section 2. It references that the revenue derived from timber sales shall be deposited in the--and it deletes the 'trust land' and inserts 'parks renewal and stewardship account.' Is that the historical school/university county trust land or is this a parks trust land account?"

      Senator Fraser: "This is the account that has been used for the purchase of DNR lands that go to state parks where we appropriate money--it is the two-step process--we appropriate money to purchase the lands--then purchase replacement lands and then the state parks system has a new or expanded--"

      Senator Ann Anderson: "So, for further clarification, the trading of land has been done, but the money has been going into the trust fund account and now it will go into a parks account?"

      Senator Fraser: "There is only one parcel left of the listed parcels that the Legislature authorized to be purchased through this program and so there is a lot of language deleted in here for those parcels that have already been purchased. The one left will go through the park lands trust revolving fund, which is an nonappropriated account which is used for those purchases, generally and historically by the Department of Natural Resources."

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5216.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5216 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 2; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Voting nay: Senator Morton - 1.

      Absent: Senators Johnson and Moyer - 2.

      Excused: Senators Anderson, C. and Schow - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5216, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator McCaslin, Senator Moyer was excused.


SECOND READING


      SENATE BILL NO. 5997, by Senators Palmer, Bauer, Owen and Newhouse

 

Regulating fireworks.


MOTIONS


      On motion of Senator Palmer, Substitute Senate Bill No. 5997 was substituted for Senate Bill No. 5997 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Palmer, the rules were suspended, Substitute Senate Bill No. 5997 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


POINT OF INQUIRY


      Senator Heavey: "Senator Palmer, as prime sponsor of Substitute Senate Bill No. 5997, is it your intent that local jurisdictions shall continue to have statutory emergency authority to further restrict fireworks usage because of adverse weather conditions and that that emergency authority is not limited by the provisions of this bill?"

      Senator Palmer: "Yes."

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5997.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5997 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Roach, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 38.

      Voting nay: Senators Fairley, Haugen, Heavey, Kohl, Rasmussen, Rinehart, Sheldon and Wojahn - 8.

      Excused: Senators Anderson, C., Moyer and Schow - 3.

      SUBSTITUTE SENATE BILL NO. 5997, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


PERSONAL PRIVILEGE


      Senator Palmer: "Madam President, a point of personal privilege. I just want to thank everybody here for the votes for my first bill. I don't know whether to feel offended because Gary Strannigan felt that he was loved when you all voted against his, so I want to thank the eight people and I feel loved by you."


SECOND READING


      SENATE BILL NO. 5524, by Senators Smith, Johnson and C. Anderson

 

Decriminalizing certain traffic offenses.


      The bill was read the second time.


MOTION


      On motion of Senator Smith, the rules were suspended, Senate Bill No. 5524 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5524.


ROLL CALL



      The Secretary called the roll on the final passage of Senate Bill No. 5524 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Winsley, Wojahn and Wood - 40.

      Voting nay: Senators Cantu, Long, Roach, Sellar, Swecker and West - 6.

      Excused: Senators Anderson, C., Moyer and Schow - 3.

      SENATE BILL NO. 5524, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE JOINT RESOLUTION NO. 8210, by Senators Smith, McCaslin, Gaspard, Deccio, Wojahn, Snyder, Haugen, Morton, Long, Hale, Rinehart, Newhouse, Loveland, McDonald, Palmer, Bauer, Oke and Winsley (by request of Supreme Court)

 

Revising size and leadership of the state supreme court.


MOTIONS


      On motion of Senator Smith, Substitute Senate Joint Resolution No. 8210 was substituted for Senate Joint Resolution No. 8210 and the substitute joint resolution was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Joint Resolution No. 8210 was advanced to third reading, the second reading considered the third and the joint resolution was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Joint Resolution No. 8210.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Joint Resolution No. 8210 and the joint resolution passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Wojahn and Wood - 40.

      Voting nay: Senators Anderson, A., Franklin, Heavey, Roach, Sellar and Winsley - 6.

      Excused: Senators Anderson, C., Moyer and Schow - 3.

      SUBSTITUTE SENATE JOINT RESOLUTION NO. 8210, having received the constitutional majority, was declared passed.


SECOND READING


      SENATE BILL NO. 5467, by Senators Smith, McCaslin, Gaspard, Deccio, Wojahn, Snyder, Haugen, Morton, Long, Hale, Rinehart, Newhouse, Loveland, McDonald, Bauer, Oke and Winsley (by request of Supreme Court)

 

Reducing the size of the state supreme court.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5467 was substituted for Senate Bill No. 5467 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5467 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5467.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5467 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.

      Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Wojahn and Wood - 42.

      Voting nay: Senators Anderson, A., Franklin, Rasmussen and Winsley - 4.

      Excused: Senators Anderson, C., Moyer and Schow - 3.

      SUBSTITUTE SENATE BILL NO. 5467, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 8:09 p.m., on motion of Senator Spanel, the Senate adjourned until 9:00 a.m., Friday, March 10, 1995.


JOEL PRITCHARD, President of the Senate


MARTY BROWN, Secretary of the Senate