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THIRTY-THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 13, 1998

The Senate was called to order at 9:00 a.m. by President Pro Tempore Newhouse. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Brown, Finkbeiner, McAuliffe and Patterson. On motion of Senator Hale, Senator Finkbeiner was excused. On motion of Senator Franklin, Senators Brown, McAuliffe and Patterson were excused.

The Sergeant at Arms Color Guard, consisting of Pages Lucas Swanson and Kristin Whitener, presented the Colors. Reverend Bruce Armstrong, pastor of the Lacey Presbyterian Church, offered the prayer.

MOTION

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

REPORT OF STANDING COMMITTEE

February 12, 1998

SB 6295 Prime Sponsor, Senator Benton: Tax exemptions for transportation facilities. Reported by Committee on Rules

MAJORITY Recommendation: Refer to Committee on Ways and Means without recommendation. Signed by Lieutenant Governor Owen, Chair; Senators Newhouse, Vice Chair; Bauer, Hale, Horn, Johnson, Loveland, McAuliffe, McDonald, Sellar, B. Sheldon, Snyder, Stevens, Swecker, Thibaudeau and Wojahn.

Referred to Committee on Ways and Means.

MESSAGES FROM STATE OFFICES

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

February 5, 1998

Mr. Michael O'Connell

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. O'Connell:

Enclosed is the Children's Administration Report to the Legislature entitled “Decline of Youth in Police Custody.” This report is mandated under RCW 13.32A.060(1)(c).

If you have any questions about the report, please call Art Cantrall at 902-7956.

Sincerely,

LYLE QUASIM, Secretary

The Department of Social and Health Services Report on Decline of Youth in Police Custody is on file in the Office of the Secretary of Senate.

STATE OF WASHINGTON

Department of Social and Health Services

Olympia, Washington 98504-5000

February 5, 1998

Mr. Michael O'Connell

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482

Dear Mr. O'Connell:

Enclosed is the Juvenile Rehabilitation Administration Report to the Legislature entitled “An Assessment of Sexually Aggressive Youth and Youth Vulnerable to Sexual Victimization in Juvenile Rehabilitation Administration Facilities.” This report is mandated under Chapter 386, Laws of 1997, Section 51.

If you have any questions about the report, please call Corinne Mason at 902-8106.

Sincerely,

LYLE QUASIM, Secretary

The Department of Social and Health Services Report on an Assessment of Sexually Aggressive Youth and Youth Vulnerable to Sexual Victimization in Juvenile Rehabilitation Administration Facilities is on file in the Office of the Secretary of Senate.

MESSAGES FROM THE HOUSE

February 11, 1998

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2671,

HOUSE BILL NO. 2779,

SUBSTITUTE HOUSE BILL NO. 2817,

HOUSE BILL NO. 2837,

SUBSTITUTE HOUSE BILL NO. 2840,

HOUSE BILL NO. 2889,

SUBSTITUTE HOUSE BILL NO. 2912, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 11, 1998

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 2414,

ENGROSSED HOUSE BILL NO. 2596,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2730,

ENGROSSED HOUSE BILL NO. 2791,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2821, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 11, 1998

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1992,

HOUSE BILL NO. 3098,

HOUSE JOINT MEMORIAL NO. 4032, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 11, 1998

MR. PRESIDENT:

The House has passed:

ENGROSSED HOUSE BILL NO. 1637,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2317,

ENGROSSED SUBSTITUTE HOUSE BILL NO 2360,

ENGROSSED HOUSE BILL NO. 2465,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2483,

ENGROSSED HOUSE BILL NO. 2549, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

February 11, 1998

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 2311,

HOUSE BILL No. 2349,

HOUSE BILL No. 2434,

SUBSTITUTE HOUSE BILL NO. 2459,

SUBSTITUTE HOUSE BILL NO. 2469,

HOUSE BILL NO. 2476,

SUBSTITUTE HOUSE BILL NO. 2532,

HOUSE BILL NO. 2553,

SUBSTITUTE HOUSE BILL No. 2555,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2823,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2363,

SUBSTITUTE HOUSE BILL NO. 2573,

HOUSE BILL NO.2575, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHB 1637 by Representatives Costa, Ballasiotes, Dickerson, Keiser, Wood, Ogden, Blalock, Cooke and Scott

Implementing teen court programs.

Referred to Committee on Law and Justice.

SHB 1992 by House Committee on Commerce and Labor (originally sponsored by Representatives McMorris, Honeyford, Clements and Thompson)

Implementing workplace safety rules.

Referred to Committee on Commerce and Labor.

SHB 2311 by House Committee on Law and Justice (originally sponsored by Representatives L. Thomas, Benson, Zellinsky and Dyer)

Adjusting the jurisdictional amount for small claims court.

Referred to Committee on Law and Justice.

ESHB 2317 by House Committee on Trade and Economic Development (originally sponsored by Representatives Schoesler, Sheahan, Crouse, Backlund, Lambert, McCune, Pennington, Bush, D. Sommers and Sullivan)

Limiting the promotion of gambling.

Referred to Committee on Commerce and Labor.

HB 2349 by Representatives Ogden, Gardner, Romero, Butler, Chopp, Costa, Anderson, Kenney, Cooper, Constantine, Conway and Lantz

Funding capital projects for local nonprofit art and cultural organizations.

Referred to Committee on Ways and Means.

ESHB 2360 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives L. Thomas, Romero, Huff, Wolfe, Ogden, H. Sommers, D. Schmidt, Gardner and Anderson) (by request of State Treasurer Murphy)

Authorizing financing contracts.

Referred to Committee on Government Operations.

ESHB 2363 by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody, Skinner, Dyer, Anderson and D. Sommers) (by request of Department of Health)

Enacting department of health recommendations removing barriers to nurse delegation.

Referred to Committee on Health and Long-Term Care.

EHB 2414 by Representatives Pennington, Mielke, Alexander, Carlson, Honeyford, Chandler, Buck, Hatfield and Doumit

Extending the time in which to comply with outdoor burning prohibitions.

Referred to Committee on Agriculture and Environment.

HB 2434 by Representatives Pennington, Delvin, Mielke and L. Thomas

Increasing maximum height for motorcycle handlebars.

Referred to Committee on Transportation.

SHB 2442 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Scott, Robertson, Mitchell, Hatfield, Radcliff, Fisher, Cooper, O'Brien, K. Schmidt, B. Thomas, L. Thomas, Cooke, Zellinsky, Backlund and Carlson)

Strengthening laws on disabled persons' parking permits.

Referred to Committee on Law and Justice.

SHB 2459 by House Committee on Trade and Economic Development (originally sponsored by Representatives Veloria, Van Luven, Butler, Cody, Mason, Conway, McDonald, Kenney, Kastama, Dickerson and Keiser)

Regulating public housing authorities in large jurisdictions.

Referred to Committee on Financial Institutions, Insurance and Housing.

EHB 2465 by Representatives Dyer, Cody, Backlund, L. Thomas and Cooke

Expanding the privileged communication from physician-patient to the health care provider and patient privilege.

Referred to Committee on Law and Justice.

SHB 2469 by House Committee on Health Care (originally sponsored by Representative Lambert)

Increasing the blood supply through directed donations.

Referred to Committee on Health and Long-Term Care.

HB 2476 by Representatives Schoesler, Sheahan, Honeyford, Sump, Mulliken, Buck, Chandler, McMorris and Zellinsky

Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state.

Referred to Committee on Agriculture and Environment.

ESHB 2483 by House Committee on Government Administration (originally sponsored by Representatives Dunn, Wolfe and D. Schmidt) (by request of Department of Information Services)

Exempting specified computer software from public disclosure.

Referred to Committee on Energy and Utilities.

SHB 2532 by House Committee on Law and Justice (originally sponsored by Representatives Sheahan, Costa, Lambert, Cody, Sterk, Veloria, Mason, Kenney, O'Brien, Cole, Conway, Dickerson, Chopp, Kessler, Constantine and Wood)

Recognizing foreign protection orders.

Referred to Committee on Law and Justice.

EHB 2549 by Representatives L. Thomas, Wolfe and Thompson (by request of Insurance Commissioner Senn)

Establishing risk-based capital standards for health carriers.

Referred to Committee on Financial Institutions, Insurance and Housing.

HB 2553 by Representatives Crouse, Morris, DeBolt, Kessler, Cooper, Benson, Mielke, Dunshee, Hankins, Delvin, Zellinsky, Constantine, Kastama, O'Brien, Conway, Dickerson and Mason

Extending the prohibition on filing for a tariff on mandatory measured telecommunications service.

Referred to Committee on Energy and Utilities.

SHB 2555 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Zellinsky, Constantine, Sullivan, Carrell and Dickerson)

Regulating the use of aftermarket crash parts for the repair of motor vehicles.

Referred to Committee on Financial Institutions, Insurance and Housing.

SHB 2573 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, Carrell, Costa and Thompson)

Defining the crime of custodial sexual misconduct.

Referred to Committee on Law and Justice.

HB 2575 by Representatives Pennington, D. Schmidt, Lisk, Skinner, Honeyford, Carlson, Kessler and Mulliken

Clarifying restrictions on public disclosure commission members' activities.

Referred to Committee on Government Operations.

ESHB 2596 by House Committee on House Government Reform and Land Use (originally sponsored by Representatives Chandler, Reams, Gardner, Lantz and Mulliken)

Clarifying that master planned resorts may obtain facilities, utilities, and services from outside service providers.

Referred to Committee on Government Operations.

SHB 2671 by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott, Gardner, Doumit and D. Sommers)

Clarifying procedures for absentee voting and mail ballots.

Referred to Committee on Government Operations.

ESHB 2730 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Robertson, Hatfield, Mitchell, Fisher, Hankins, Romero, Cairnes, O'Brien, Zellinsky, Scott, Johnson, Wood, Sterk, Ogden, Radcliff, Hickel, Skinner, Ballasiotes, Delvin, Cooke, Anderson, Sullivan, Thompson, Gardner and Kenney)

Increasing security of drivers' licenses.

Referred to Committee on Transportation.

HB 2779 by Representatives Dunn and Morris

Extending the Washington economic development finance authority.

Referred to Committee on Commerce and Labor.

EHB 2791 by Representatives Schoesler, Doumit, Sheahan, Ballasiotes, Radcliff, Sump, Sullivan, Mielke, Buck, Alexander, Boldt, Sterk, Crouse, Smith, Van Luven, Hickel, Koster, Mulliken, Johnson, Wensman, D. Sommers, Backlund and DeBolt

Fighting methamphetamine.

Referred to Committee on Law and Justice.

SHB 2817 by House Committee on Government Administration (originally sponsored by Representatives Doumit and Hatfield)

Regarding district sales of real property.

Referred to Committee on Government Operations.

ESHB 2821 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Radcliff, Cooke, Van Luven and Robertson)

Authorizing branch classrooms for driver training schools.

Referred to Committee on Transportation.

ESHB 2823 by House Committee on Law and Justice (originally sponsored by Representatives Lambert and Constantine)

Changing statutes affecting deeds of trust.

Referred to Committee on Law and Justice.

HB 2837 by Representatives Clements, Skinner and Buck

Identifying property abandoned by the department of fish and wildlife.

Referred to Committee on Natural Resources and Parks.

SHB 2840 by House Committee on Commerce and Labor (originally sponsored by Representatives Clements, McMorris, Schoesler, Honeyford, Boldt, D. Schmidt and Mielke)

Issuing citations under the Washington industrial safety and health act.

Referred to Committee on Commerce and Labor.

HB 2889 by Representatives Mitchell, Fisher, K. Schmidt, Radcliff, Zellinsky, Backlund, Skinner, Cairnes, Chandler, DeBolt, Sterk, Gardner, McCune, Hankins, Robertson, Romero, Mielke, Wood, O'Brien, Ogden, Murray, Boldt and Lambert

Consolidating three transportation agencies.

Referred to Committee on Transportation.

SHB 2912 by House Committee on Education (originally sponsored by Representatives Quall, Talcott, B. Thomas and O'Brien)

Authorizing learning materials to be loaned to private school students.

Referred to Committee on Education.

HB 3098 by Representative Sehlin

Providing for the coordination of environmental restoration priorities and mitigation responsibilities.

Referred to Committee on Agriculture and Environment.

HJM 4032 by Representatives Buck, Butler, Chandler, DeBolt, Sehlin, Hatfield, McCune, Doumit, Kessler, Zellinsky and Thompson

Regarding salmon and steelhead under the federal Endangered Species Act.

Referred to Committee on Natural Resources and Parks.

MOTION

On motion of Senator Wojahn, the following resolution was adopted:

SENATE RESOLUTION 1998-8700

By Senators Wojahn, McDonald, Snyder, McCaslin, Sellar, Bauer and Newhouse

WHEREAS, Lyle Burt was a mainstay of the Capitol Press Corps for more than fifteen years as a state government reporter for the Seattle Times during the 1970's and 80's and was praised for the accuracy of his news writing; and

WHEREAS, Lyle Burt will be remembered by politicians, bureaucrats, judges and news reporters alike as a gentleman; and

WHEREAS, In addition to his solid and respected reporting style, Mr. Burt was widely known for his outside interests, including a devotion to bagpipes and other aspects of his Scottish heritage, and those around him understood that Lyle Burt came equipped with pipes and practice chanter, either of which could go off without warning in his office during the noon hour; and

WHEREAS, Lyle Burt was born in Everett and lived his entire life in Washington, serving in the U.S. Navy during World War II and was an accomplished still photographer, radio personality, and wire service reporter for the Associated Press before joining the Seattle Times as a political reporter in 1961; and

WHEREAS, Mr. Burt’s other interests included gourmet Chinese cooking, which he learned while covering the International District in Seattle before coming to Olympia to establish a news bureau for the Times in 1971; and

WHEREAS, Mr. Burt passed away February 4, 1998, in Tacoma at the age of eighty, but not before admonishing family and friends that he thought funerals were for others and not for him;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate hereby recognizes Lyle Burt’s life accomplishments and sends condolences to his wife Kathryn Burt, sons Terry Burt of Tennessee and Douglas Burt of Olympia, and daughter, Robin Burt of Ithaca, New York; and

BE IT FURTHER RESOLVED, That copies of this resolution be sent to the family of Lyle Burt.

Senators Wojahn, Sellar and McCaslin spoke to Senate Resolution 1998-8700.

MOTION

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

SECOND READING

GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9202, Phyllis S. Self, as a member of the Board of Trustees for Whatcom Community College District No. 21, was confirmed.

APPOINTMENT OF PHYLLIS S. SELF

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Prince - 1. Excused: Senators Brown, Finkbeiner, McAuliffe and Patterson - 4.

MOTION

On motion of Senator Wood, Gubernatorial Appointment No. 9314, William H. Gates, as a member of the Board of Regents for the University of Washington, was confirmed.

Senators Wood and Betti Sheldon spoke to the appointment of William H. Gates as a member of the Board of Regents for the University of Washington.

APPOINTMENT OF WILLIAM H. GATES

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Brown, Finkbeiner, McAuliffe and Patterson - 4.

SECOND READING

SENATE BILL NO. 6425, by Senators McCaslin, Haugen and Fraser

Clarifying legal authority of an agency head.

MOTIONS

On motion of Senator McCaslin, Substitute Senate Bill No. 6425 was substituted for Senate Bill No. 6425 the substitute bill was placed on second reading and read the second time.

On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 6425 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Franklin, Senators Goings and Snyder were excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6425.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6425 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Excused: Senators Brown, Goings and Snyder - 3. SUBSTITUTE SENATE BILL NO. 6425, 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 Franklin, Senator Loveland was excused.

SECOND READING

SENATE BILL NO. 6441, by Senators Oke, Prince, Haugen and Winsley (by request of Department of Transportation)

Clarifying procedures for environmental protection change orders in public projects.

The bill was read the second time.

MOTION

On motion of Senator Oke, the rules were suspended, Senate Bill No. 6441 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6441.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6441 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Brown and Loveland - 2. SENATE BILL NO. 6441, 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. 6449, by Senators West, Anderson, Kohl, T. Sheldon, Jacobsen, Goings and Winsley (by request of Governor Locke)

Specifying a business and occupation tax rate for income in the nature of royalties for the use of intangible rights.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 6449 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6449.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6449 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Brown - 1. SENATE BILL NO. 6449, 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. 6483, by Senator West

Authorizing the transfer of enforcement of cigarette and tobacco taxes to the liquor control board.

The bill was read the second time.

MOTION

On motion of Senator West, the rules were suspended, Senate Bill No. 6483 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6483.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6483 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Prentice - 1. Excused: Senator Brown - 1. SENATE BILL NO. 6483, 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. 6502, by Senators Horn, Haugen, Benton, Goings and Wood

Deleting reference to obsolete transportation accounts.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 6502 was substituted for Senate Bill No. 6502 and the substitute bill was placed on second reading and read the second time.

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

On page 6, beginning on line 9, strike all of section 4, renumber the remaining sections, and correct any internal references accordingly.

MOTIONS

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

On line 2 of the title, after "43.84.092," strike "47.10.803,"

On motion of Senator Horn, the rules were suspended, Engrossed Substitute Senate Bill No. 6502 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Franklin, Senator Spanel was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6502.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6502 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Spanel - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6502, 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. 6503, by Senators Horn, Haugen, Benton, Goings, Wood and Winsley

Regulating unanticipated receipts in the transportation budget.

The bill was read the second time.

MOTION

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6503 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6503.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6503 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Finkbeiner - 1. SENATE BILL NO. 6503, 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 10:01 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 11:49 a.m. by President Owen.

SECOND READING

SENATE BILL NO. 6504, by Senators Horn, Haugen, Benton, Goings, Wood and Winsley

Broadening distribution of technology plans.

The bill was read the second time.

MOTION

On motion of Senator Horn, the rules were suspended, Senate Bill No. 6504 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6504.

MOTIONS

On motion of Senator Hale, Senators Prince and Roach were excused.

On motion of Senator Franklin, Senator Loveland was excused.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6504 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Absent: Senator Schow - 1.

Excused: Senators Loveland, Prince and Roach - 3. SENATE BILL NO. 6504, 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. 6507, by Senators Wood, Haugen, Oke, Heavey, Swecker, Prentice, Schow, Wojahn, Long, Loveland, Hale, Kline, West, Patterson, Snyder, Goings, Jacobsen, Spanel, Fairley, Fraser, McAuliffe, Brown and Kohl

Eliminating the expiration of the state cosmetology, barbering, esthetics, and manicuring advisory board.

MOTIONS

On motion of Senator Wood, Substitute Senate Bill No. 6507 was substituted for Senate Bill No. 6507 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 6507 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Hale, Senator Schow was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6507.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6507 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Loveland, Prince, Roach and Schow - 4. SUBSTITUTE SENATE BILL NO. 6507, 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 12:01 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 2:16 p.m. by President Owen.

MOTION

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

MOTION

On motion of Senator Haugen, the following resolution was adopted:

SENATE RESOLUTION 1998-8698

By Senator Haugen

WHEREAS, The woodworking and the industrial technology classes at Stanwood High School have been recognized on a state and national level for excellence; and

WHEREAS, One of the reasons these programs enjoy such a valued reputation is because of the high quality of instruction the students receive from both Mike Chandler and Darryl Main, teachers with more than thirty years of experience between them; and

WHEREAS, Stanwood High School is one of the few schools that still places an emphasis on time-honored, traditional craftsmanship, while at the same time instructing students in the safe utilization of the most modern technological tools and techniques; and

WHEREAS, The students’ projects in these classes range from impressive furniture pieces to metal and wooden toys, kitchen cabinetry, trailers, and rebuilt engines; and

WHEREAS, The Stanwood High School woodworking and metals programs help support the local economy by purchasing as much material as possible from community producers; and

WHEREAS, Students in these two programs at Stanwood High School learn not only a craft and vocational skill, but also learn to take pride in their workmanship and develop self-discipline in the course of their studies; and

WHEREAS, The academic qualifications and skills these students have acquired allow them to compete in high-demand careers and pursue additional educational training in whatever field they may choose to follow; and

WHEREAS, The Stanwood High School woodworking program and industrial technology program have both been invited by the Washington Vocational Association to exhibit their projects in the capitol as part of Vocational-Technical Education Week;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the exceptional skills and craftsmanship demonstrated by students in the Stanwood High School woodworking and industrial technology programs; and

BE IT FURTHER RESOLVED, That the Senate applaud and commend the outstanding job of teaching and mentoring that Mike Chandler and Darryl Main have done at Stanwood High School for many years; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Mike Chandler and Darryl Main, certified instructors of vocational education programs at Stanwood High School.

Senators Haugen and Long spoke to Senate Resolution 1998-8698.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Mike Chandler and Darryl Main, instructors, as well as the students from the Vocational Education Program at Stanwood High School, who were seated in the gallery.

MOTION

At 2:25 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.

The Senate was called to order at 2:45 p.m. by President Owen.

There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6582, by Senators Finkbeiner, Horn and Fraser (by request of Secretary of State Munro)

Refining electronic signature law.

The bill was read the second time.

MOTIONS

On motion of Senator Finkbeiner, the following Committee on Energy and Utilities amendment was adopted:

On page 3, after line 35, strike the following:

"(b) Information regarding the criminal background of an individual;"

Renumber the subsections consecutively and correct any internal references accordingly

On motion of Senator Finkbeiner, the rules were suspended, Engrossed Senate Bill No. 6582 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6582.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6582 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Newhouse - 1. Excused: Senator Loveland - 1. ENGROSSED SENATE BILL NO. 6582, 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. 6534, by Senators Loveland and Prince

Defining distressed area for purposes of economic assistance.

MOTIONS

On motion of Senator Schow, Substitute Senate Bill No. 6534 was substituted for Senate Bill No. 6534 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6534 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6534.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6534 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Loveland - 1. SUBSTITUTE SENATE BILL NO. 6534, 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

GUBERNATORIAL APPOINTMENT

MOTION

Senator Winsley moved that Gubernatorial Appointment No. 9225, Jolene Unsoeld, as a member of the Fish and Wildlife Commission, be confirmed.

Senator Oke spoke to not confirming the appointment of Jolene Unsoeld, as a member of the Fish and Wildlife Commission.

Senators Spanel, Kohl, Franklin, Rasmussen, Fraser, Heavey and Snyder spoke to the confirmation of Jolene Unsoeld, as a member of the Fish and Wildlife Commission.

ROLL CALL ON THE APPOINTMENT OF JOLENE UNSOELD

The Secretary called the roll. The appointment was not confirmed by the following vote: Yeas, 22; Nays, 26; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Prince, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 22. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Wood and Zarelli - 26. Excused: Senator Loveland - 1.

MOTION

On motion of Senator Johnson, the message from the Senate of not confirming the appointment of Jolene Unsoeld as a member of the Fish and Wildlife Commission, was immediately transmitted to the Office of Governor Locke.

STATEMENT FOR THE JOURNAL

On February 13, 1998, I missed voting on a bill late in the afternoon, due to participation in a conference going on outside the Senate Chamber.

The roll call shows that I was absent for the vote on Substitute Senate Bill No. 6535, providing for electronic transfer of criminal justice information. However, I would like it to reflect that I would have vote 'yea' had I not been unavoidably detained.

SENATOR LISA BROWN, Third Legislative District

SECOND READING

SENATE BILL NO. 6535, by Senators Horn, Patterson, Haugen, Hale and Oke (by request of Washington State Patrol)

Providing for electronic transfer of criminal justice information.

MOTIONS

On motion of Senator Horn, Substitute Senate Bill No. 6535 was substituted for Senate Bill No. 6535 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6535 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6535.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6535 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Brown - 1. Excused: Senator Loveland - 1. SUBSTITUTE SENATE BILL NO. 6535, 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. 6537, by Senators Schow, Heavey, Winsley and T. Sheldon (by request of Liquor Control Board)

Allowing the liquor control board to receive grants and other funds or donations to implement programs about alcohol and tobacco.

The bill was read the second time.

MOTIONS

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

On page 2, line 31, after "state." insert "However, manufacturers, retailers, or wholesalers of all alcohol, tobacco, or cigarette products are prohibited from providing funds or donations to the board."

On motion of Senator Schow, the rules were suspended, Engrossed Senate Bill No. 6537 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6537.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6537 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SENATE BILL NO. 6537, 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. 6539, by Senators Schow and Heavey (by request of Liquor Control Board)

Making technical changes regarding designations for liquor licenses.

The bill was read the second time.

MOTION

On motion of Senator Schow, the rules were suspended, Senate Bill No. 6539 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Franklin, Senator Thibaudeau was excused.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6539.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6539 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Thibaudeau - 1.. SENATE BILL NO. 6539, 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. 6475, by Senators Roach, Fairley, Patterson, Kline, Haugen, McAuliffe, Goings, Kohl, Rasmussen and Oke (by request of Governor Locke)

Revising provisions relating to driving while under the influence.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6475 was substituted for Senate Bill No. 6475 and the substitute bill was placed on second reading and read the second time.

Senator Roach moved that the following amendments by Senators Roach and Fairley be considered simultaneously and be adopted:

On page 2, line 7, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 2, line 27, after "over, or" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 3, at the beginning of line 17, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 4, line 10, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 4, at the beginning of line 16, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 16, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 28, after "or was" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 37, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 8, beginning on line 29, after "blood was" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 9, after line 33, insert the following:

"Sec. 4. RCW 46.61.503 and 1995 c 332 s 2 are each amended to read as follows:

(1) Notwithstanding any other provision of this title, a person is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person:

(a) Is under the age of twenty-one;

(b) Has, within two hours after operating the motor vehicle, an alcohol concentration of ((0.02 or more)) at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506.

(2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be ((0.02 or more)) in violation of subsection (1) of this section within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

(3) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration ((of 0.02 or more)) in violation of subsection (1) of this section.

(4) A violation of this section is a misdemeanor."

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Roach and Fairley on page 2, lines 7 and 27; page 3, beginning on line 17; page 4, line 10, and beginning on line 16; page 5, lines 16, 28, and 37; page 8, beginning on line 29; and page 9, after line 33; to Substitute Senate Bill No. 6475.

The motion by Senator Roach carried and the amendments were adopted.

MOTIONS

On motion of Senator Roach, the following amendment by Senators Roach and Fairley was adopted:

On page 19, line 12 after “RCW 46.61.5249" insert “, 46.61.500,”

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

On page 20, line 18, after "program" strike "more than once ((in any five-year period))" and insert "((more than once in any five-year period)) if he or she has committed a prior offense as defined in RCW 46.61.5055"

On page 21, line 15, after "facility" insert ";

(5) Defendant has committed a prior offense as defined by RCW 46.61.5055"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Hale on page 20, line 18, and page 21, line 15, to Substitute Senate Bill No. 6475.

The motion by Senator Hale carried and the amendments were adopted.

MOTION

Senator Roach moved that the following amendment be adopted:

On page 27, beginning on line 26, after "(b)" strike all material through "chapter." on line 38, and insert "Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district or municipal court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. The municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district or municipal court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in the small claims department of a district court. If the hearing request is not received by the district or municipal court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter."

Debate ensued

MOTION

On motion of Senator Roach, and there being no objection, the amendment on page 27, beginning on line 26, to Substitute Senate Bill No. 6475 was withdrawn.

PERSONAL PRIVILEGE

Senator Roach: “Mr. President, a point of personal privilege. Senator Fairley, I want to apologize. I thought the people that brought me the amendment had, in fact, talked with you, and I apologize. We'll make sure that doesn't happen again.”

MOTION

Senator Roach moved that the following amendment by Senators Roach, Kline and Fairley be adopted:

On page 33, beginning on line 12, after "bona fide" strike all material through "fees" on line 20, and insert "security interest to which the vehicle is subject ((under subsection (1)(a) or (c) of this section)), and provided further that where the ownership interest subject to forfeiture is bona fide community property, the value of the undivided community property interest of the spouse who was not operating the vehicle in violation of RCW 46.61.502 or 46.61.504 shall not be forfeited nor subject to reduction for towing, removal, or storage charges associated with the forfeiture action. The value of the undivided community property interest not subject to forfeiture or reduction is one-half of the value of the vehicle as defined in subsection (12) of this section after deducting the cost of satisfying any bona fide security interest"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Roach, Kline and Fairley on page 33, beginning on line 12, to Substitute Senate Bill No. 6475.

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

MOTION

Senator Hargrove moved that the following amendment by Senators Hargrove and Brown be adopted:

On page 24, after line 33, strike all the material down to and including "prosecution." on page 34, line 35

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

Debate ensued.

POINT OF ORDER

Senator Roach: “A point of order, Mr. President. I believe this Senator is speaking to the bill and not to the amendment.”

REPLY BY THE PRESIDENT

President Owen: “Senator Heavey, just be sure that you are speaking to the amendment.”

Further debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove and Brown on page 24, after line 33, to Substitute Senate Bill No. 6475.

The motion by Senator Hargrove carried and the amendment was adopted on a rising vote.

MOTION

On motion of Senator Haugen, the following amendment by Senators Haugen, Loveland, West, Winsley and Goings was adopted:

On page 35, after line 21, insert the following:

"NEW SECTION. Sec. 22. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

MOTION

Senator Loveland moved that the following amendment by Senators Loveland and Haugen be adopted:

On page 35, after line 21, insert the following:

"Sec. 22. RCW 66.08.190 and 1995 c 159 s 1 are each amended to read as follows:

When excess funds are distributed, all moneys subject to distribution shall be disbursed as follows:

(1) Three-tenths of one percent to border areas under RCW 66.08.195; and

(2) From the amount remaining after distribution under subsection (1) of this section, ((fifty)) ten percent to the general fund of the state, ((ten)) fifty percent to the counties of the state, and forty percent to the incorporated cities and towns of the state.

The governor may notify and direct the state treasurer to withhold the revenues to which the counties and cities are entitled under this section if the counties or cities are found to be in noncompliance pursuant to RCW 36.70A.340."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Loveland and Haugen on page 35, after line 21, to Substitute Senate Bill No. 6475.

The motion by Senator Loveland failed and the amendment was not adopted.

MOTIONS

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

On page 1, line 2 of the title, after "46.61.502," insert "46.61.503,"

On page 1, on line 6 of the title, after "RCW;" strike "creating a new section" and insert "creating new sections"

On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6475 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6475.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6475 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.. ENGROSSED SUBSTITUTE SENATE BILL NO. 6475, 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. 6751, by Senators Deccio, Wojahn, Wood, Franklin, Benton, Thibaudeau, Oke and Winsley

Ensuring a choice of service and residential options for citizens with developmental disabilities.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 6751 was substituted for Senate Bill No. 6751 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. 6751 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6751.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6751 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.. SUBSTITUTE SENATE BILL NO. 6751, 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. 6518, by Senators Roach, Benton, Long, Oke, Zarelli, Rossi, Sellar, Snyder, Johnson, Horn, McDonald, Hale, Strannigan, McCaslin, Prentice, Schow, Fraser, Deccio, Swecker, Morton, Goings, Bauer, Rasmussen and Haugen

Increasing penalties for second degree rape.

MOTIONS

On motion of Senator Roach, Substitute Senate Bill No. 6518 was substituted for Senate Bill No. 6518 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6518 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 Goings, Senator Hargrove was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6518.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6518 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Hargrove - 1.. SUBSTITUTE SENATE BILL NO. 6518, 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 TO LIMIT DEBATE

Senator Johnson: “Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through February 17, 1998.”

The President declared the question before the Senate to be the motion by Senator Johnson to limit debate.

The motion by Senator Johnson carried and debate is limited through February 17, 1998.

There being no objection, the Senate resumed consideration of Senate Bill No. 6257, deferred on second reading February 12, 1998. Senator Fairley had served notice to reconsider the vote by which the amendment by Senators Winsley, Deccio, Franklin, Horn, Wood, Haugen, Prentice, Wojahn, Kohl, Spanel, Fraser, Patterson, Goings, Snyder and Loveland on page 12, after line 23, was adopted, but no action was taken on that motion.

MOTION

Senator Heavey moved that the following amendments by Senators Heavey, Hargrove and Patterson be considered simultaneously and be adopted:

On page 2, line 3, after "concentration of" strike "0.02" and insert "((0.02)) 0.01"

On page 2, line 22, after "((0.10))" strike "0.08" and insert "0.01"

On page 2, line 23, after "over, or" strike "0.02" and insert "((0.02)) 0.01"

On page 3, line 12, after "((0.10))" strike "0.08" and insert "0.01"

On page 3, at the beginning of line 13, strike "0.02" and insert "((0.02)) 0.01"

On page 4, line 6, after "concentration of" strike "0.02" and insert "((0.02)) 0.01"

On page 4, line 11, after "((0.10))" strike "0.08" and insert "0.01"

On page 4, at the beginning of line 12, strike "0.02" and insert "((0.02)) 0.01"

On page 5, line 12, after "concentration of" strike "0.02" and insert "((0.02)) 0.01"

On page 5, line 23, after "((0.10))" strike "0.08" and insert "0.01"

On page 5, line 24, after "or was" strike "0.02" and insert "((0.02)) 0.01"

On page 5, line 33, after "concentration of" strike "0.02" and insert "((0.02)) 0.01"

On page 8, line 11, after "((0.10))" strike "0.08" and insert "0.01"

On page 8, line 21, after "blood was" strike "0.02" and insert "((0.02)) 0.01"

On page 8, line 34, after "((0.10))" strike "0.08" and insert "0.01"

On page 9, line 12, after "((0.10))" strike "0.08" and insert "0.01"

On page 9, line 20, after "((0.10))" strike "0.08" and insert "0.01"

On page 9, at the beginning of line 34, strike "0.08" and insert "0.01"

On page 10, line 15, after "((0.10))" strike "0.08" and insert "0.01"

On page 10, line 23, after "((0.10))" strike "0.08" and insert "0.01"

On page 10, line 36, after "((0.10))" strike "0.08" and insert "0.01"

On page 12, line 3, after "((0.10))" strike "0.08" and insert "0.01"

On page 12, line 6, after "((0.10))" strike "0.08" and insert "0.01"

The President declared the question before the Senate to be the adoption of the amendments by Senators Heavey, Hargrove and Patterson on page 2, lines 3, 22 and 23; page 3, line 12, and beginning on line 13; page 4, lines 6, 11, and beginning on line 12; page 5, lines 12, 23, 24, and 33; page 8, lines 11, 21, and 34; page 9, lines 12, 20, and beginning on line 34; page 10, lines 15, 23, and 36; and page 12, lines 3, and 6; to Senate Bill No. 6257.

The motion by Senator Heavey failed and the amendments were not adopted.

MOTION

Senator Roach moved that the following amendments by Senators Roach and Fairley be considered simultaneously and be adopted:

On page 2, line 3, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 2, line 23, after "over, or" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 3, at the beginning of line 13, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 4, line 6, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 4, at the beginning of line 12, strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 12, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 24, after "or was" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 5, line 33, after "concentration of" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 8, beginning on line 21, after "blood was" strike "0.02 or more" and insert "((0.02 or more)) in violation of RCW 46.61.503"

On page 9, after line 25, insert the following:

"Sec. 4. RCW 46.61.503 and 1995 c 332 s 2 are each amended to read as follows:

(1) Notwithstanding any other provision of this title, a person is guilty of driving a motor vehicle after consuming alcohol if the person operates a motor vehicle within this state and the person:

(a) Is under the age of twenty-one;

(4) A violation of this section is a misdemeanor."

Renumber the remaining sections consecutively and correct internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senators Roach and Fairley on page 2, lines 3, and 23; page 3, beginning on line 13; page 4, line 6, and beginning on line 12; page 5, lines 12, 24, and 33; page 8, beginning on line 21; and page 9, after line 25; to Senate Bill No. 6257.

The motion by Senator Roach carried and the amendments were adopted.

MOTION

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

On page 1, line 2 of the title, after "46.61.502," insert "46.61.503,"

On page 1, line 3 of the title, after "025;" insert 'creating a new section;"

On motion of Senator Roach, the rules were suspended, Engrossed Senate Bill No. 6257 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6257.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6257 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Hargrove - 1.. ENGROSSED SENATE BILL NO. 6257, 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. 6574, by Senators Johnson, Stevens, Wood, Winsley, Deccio, Schow, Oke, McCaslin, Rossi, Hochstatter, Swecker, Sellar, Morton, McDonald and Roach

Authorizing learning materials to be loaned to private school students.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 6574 was substituted for Senate Bill No. 6574 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. 6574 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6574.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6574 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 16. Excused: Senator Hargrove - 1.. SUBSTITUTE SENATE BILL NO. 6574, 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. 6565, by Senators Hale, Prentice, Winsley, Franklin, Long, Roach, Haugen, Stevens, Spanel, Wood, Rasmussen, T. Sheldon, Loveland, Benton, Johnson, Thibaudeau, McDonald, B. Sheldon, Snyder Anderson, Oke and Goings

Regulating insurance payments of insureds who are victims of domestic abuse.

MOTIONS

On motion of Senator Hale, Substitute Senate Bill No. 6565 was substituted for Senate Bill No. 6565 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Hale, the rules were suspended, Substitute Senate Bill No. 6565 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 Winsley: “Senator Hale, what is the intent of this legislation in terms of unfair insurance discrimination against victims of domestic abuse, and the validity of insurance policy intentional act exclusions?”

Senator Hale: “The intent of this legislation, as I said, is to protect victims of domestic abuse from unfair insurance discrimination, and also to establish that insurance policy intentional act exclusions that apply to an insured, or any insured, are valid except in cases where an act of domestic abuse was the cause of the property loss.”

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6565.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6565 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47. Voting nay: Senator Wojahn - 1. Excused: Senator Hargrove - 1.. SUBSTITUTE SENATE BILL NO. 6565, 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 6:45 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Saturday, February 14, 1998.

BRAD OWEN, President of the Senate

MIKE O'CONNELL, Secretary of the Senate