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FORTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 25, 1998

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present.

      The Sergeant at Arms Color Guard, consisting of Pages Valerie Sorenson and Darrell Downing, presented the Colors. Reverend Edsel Goldson, pastor of the Tumwater Methodist 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.


REPORTS OF STANDING COMMITTEES

February 24, 1998

SB 6108             Prime Sponsor, Senator West: Relating to fiscal matters. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6108 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

SB 6455             Prime Sponsor, Senator Strannigan: Adopting a supplemental capital budget. Reported by Committee on Ways and Means


      MAJORITY Recommendation: That Substitute Senate Bill No. 6455 be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Fraser, Hochstatter, Long, McDonald, Roach, Rossi, Schow, Snyder, Swecker, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


February 23, 1998

ESHB 1194        Prime Sponsor, House Committee on Commerce and Labor: Requiring employers to allow mothers to breast-feed. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do Pass. Signed by Senators Show, Chair; Horn, Vice Chair; Franklin, Fraser and Heavey.

 

      Passed to Committee on Rules for second reading.


February 23, 1998

HB 1308            Prime Sponsor, Representative Mielke: Providing additional exemptions from state law for the handling of hazardous devices. Reported by Committee on Law and Justice


      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, Stevens, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

2E2SHB 1354    Prime Sponsor, House Committee on Appropriations: Changing air pollution control provisions. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Morton, Chair; Swecker, Vice Chair; Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 23, 1998

HB 1368            Prime Sponsor, Representative Huff: Easing restrictions on gambling fund-raisers. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.


      Passed to Committee on Rules for second reading.


February 24, 1998

E2SHB 1374      Prime Sponsor, House Committee on Appropriations: Establishing alternate teacher certification. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Johnson and Zarelli.


      MINORITY Recommendation: Do not pass. Signed by Senator McAuliffe.


      Passed to Committee on Rules for second reading.


February 23, 1998

HB 1405            Prime Sponsor, Representative McMorris: Authorizing joint bingo games. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.


      Referred to Committee on Ways and Means.


February 23, 1998

HB 1549            Prime Sponsor, Representative H. Sommers: Reducing property tax assessments in response to government restrictions. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


February 23, 1998

SHB 1829          Prime Sponsor, House Committee on Commerce and Labor: Requiring a record of transaction for trade-in or exchange of computer hardware. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.


      Passed to Committee on Rules for second reading.


February 23, 1998

HB 1835            Prime Sponsor, Representative Skinner: Requiring audit resolution reports. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Bauer, Fraser, Hochstatter, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Swecker, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


February 23, 1998

SHB 1971          Prime Sponsor, House Committee on Appropriations: Preventing double payment for insurance benefits for teachers who are legislators. Reported by Committee on Ways and Means


      MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Bauer, Brown, Fraser, Hochstatter, Kohl, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 1977          Prime Sponsor, House Committee on Education: Allowing arrangements for running start students to attend out-of-state community colleges. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Goings, Johnson, McAuliffe, Rasmussen and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

ESHB 2300        Prime Sponsor, House Committee on Education: Changing provisions relating to educational pathways. Reported by Committee on Education


      MAJORITY Recommendation: Do pass. Signed by Senators Hochstatter, Chair; Finkbeiner, Vice Chair; Rasmussen and Zarelli.


      MINORITY Recommendation: Do not pass. Signed by Senator McAuliffe.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2311          Prime Sponsor, House Committee on Law and Justice: Adjusting the jurisdictional amount for small claims court. Reported by Committee on Law and Justice


      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Fairley, Goings, Kline, Long, McCaslin, Stevens and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

ESHB 2363        Prime Sponsor, House Committee on Health Care: Enacting department of health recommendations removing barriers to nurse delegation. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Franklin and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

2SHB 2430        Prime Sponsor, House Committee on Appropriations: Changing provisions relating to the advanced college tuition payment program. Reported by Committee on Higher Education


      MAJORITY Recommendation: Do pass. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince, B. Sheldon and West.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2476            Prime Sponsor, Representative Schoesler: Providing a sales tax exemption for parts used for and repairs to farm machinery and implements used outside the state. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2503            Prime Sponsor, Representative Robertson: Authorizing consideration of the income level of customers when setting rates and charges for a storm water control facility. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2523          Prime Sponsor, House Committee on Agriculture and Ecology: Regarding fire training activities. Reported by Committee on Agriculture and Environment

 

      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 23, 1998

SHB 2529          Prime Sponsor, House Committee on Trade and Economic Development: Assisting small business exporters. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2553            Prime Sponsor, Representative Crouse: Extending the prohibition on filing for a tariff on mandatory measured telecommunications service. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2577            Prime Sponsor, Representative Hankins: Using and administering the Hanford area economic investment fund. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2589          Prime Sponsor, House Committee on Child and Family Service: Requiring disclosure of the names of both parents of children as a condition of eligibility for temporary assistance for needy families. Reported by Committee on Health and Long-Term Care


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Deccio, Chair; Wood, Vice Chair; Benton, Franklin and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2663            Prime Sponsor, Representative Crouse: Requiring companies that seek to contract with an affiliated interest to file with the utilities and transportation commission. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2712          Prime Sponsor, House Committee on Agriculture and Ecology: Requiring the department of ecology to extend the time for work under a permit if water use has been prevented or restricted use due to federal or state laws. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; McAuliffe, Newhouse, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 24, 1998

ESHB 2752        Prime Sponsor, House Committee on Energy and Utilities: Prohibiting unsolicited electronic mail. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2773          Prime Sponsor, House Committee on Energy and Utilities: Requiring electric utilities to provide net metering systems to their customer-generators. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 2907            Prime Sponsor, Representative Sheahan: Clarifying the process of appealing small claims cases. Reported by Committee on Law and Justice


      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens, Thibaudeau and Zarelli.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2931          Prime Sponsor, House Committee on Commerce and Labor: Refining electronic signature law. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 24, 1998

SHB 2941          Prime Sponsor, House Committee on Law and Justice: Limiting liability for utilities in protecting their facilities. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


February 23, 1998

2SHB 2962        Prime Sponsor, House Committee on Appropriations: Creating the crime of criminal mistreatment in the fourth degree. Reported by Committee on Law and Justice


      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Long and Thibaudeau.


      MINORITY Recommendation: Do not pass. Signed by Senators Hargrove and Zarelli.


      Passed to Committee on Rules for second reading.


February 23, 1998

SHB 3001          Prime Sponsor, House Committee on Commerce and Labor: Creating an exemption for wineries furnishing wine to nonprofit charitable organizations. Reported by Committee on Commerce and Labor


      MAJORITY Recommendation: Do pass. Signed by Senators Schow, Chair; Horn, Vice Chair; Franklin, Fraser, Heavey and Newhouse.


      Passed to Committee on Rules for second reading.


February 24, 1998

HB 3060            Prime Sponsor, Representative Chandler: Changing provisions relating to sufficient cause for nonuse of water rights. Reported by Committee on Agriculture and Environment


      MAJORITY Recommendation: Do pass as amended. Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Oke and Rasmussen.


      Passed to Committee on Rules for second reading.


February 24, 1998

EHJM 4033        Prime Sponsor, Representative Grant: Urging Congress not to sell the Bonneville Power Administration. Reported by Committee on Energy and Utilities


      MAJORITY Recommendation: Do pass. Signed by Senators Finkbeiner, Chair; Hochstatter, Vice Chair; Brown, Jacobsen, Rossi, T. Sheldon and Strannigan.


      Passed to Committee on Rules for second reading.


MOTION


      On motion of Senator Johnson, House Bill No. 1405 was referred to the Committee on Ways and Means.


REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 24, 1998

GA 9310            GORDON BUDKE, appointed December 12, 1997, for a term ending September 30, 2003, as a member of the Board of Trustees for Eastern Washington University.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince, B. Sheldon and West.


      Passed to Committee on Rules.


February 24, 1998

GA 9326            KEVIN GROSSMAN, appointed January 16, 1998, for a term ending September 30, 2001, as a member of the Board of Trustees for Shoreline Community College District No. 7.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince, B. Sheldon and West.


      Passed to Committee on Rules.


February 24, 1998

GA 9327            MARK MAYS, appointed October 1, 1997, for a term ending September 30, 1999, as a member of the Board of Trustees for Eastern Washington University.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince, B. Sheldon and West.


      Passed to Committee on Rules.


February 24, 1998

GA 9334            ELMER J. WARD, appointed January 16, 1998, for a term ending September 30, 2002, as a member of the Board of Trustees for Yakima Valley Community College District No. 16.

                           Reported by Committee on Higher Education


      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Wood, Chair; Winsley, Vice Chair; Bauer, Kohl, Patterson, Prince, B. Sheldon and West.


      Passed to Committee on Rules.


MOTION


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


SENATE RESOLUTION 1998-8705


By Senators Haugen, Wojahn, Spanel and Bauer


      WHEREAS, The arts play a vital role in educating, inspiring, and enriching the lives of all the citizens of the state of Washington; and

      WHEREAS, A vibrant arts community is a valuable economic and cultural asset, in that it stimulates business development and attracts tourism, while inspiring civic pride and positively influencing the quality of life; and

      WHEREAS, The arts enable students to acquire and develop reading, writing, and problem-solving skills, in addition to increasing creativity, self-esteem, and acceptance of others; and

      WHEREAS, The arts not only provide citizens of this state an opportunity to interact with different cultures and learn new ways of seeing and giving expression to their experiences, but also help transmit our shared cultural legacy to the next generation; and

      WHEREAS, The artists and arts institutions of our state have received international recognition and generated millions of dollars, making the Northwest a world-renowned focal point of artistic creation, performance, and exhibition;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the arts community for its continued importance and vital contribution to the state’s economy and cultural livelihood; and that we urge the citizens of Washington State to join us in celebrating Arts Day, this twenty-fifth day of February, 1998.


      Senators Haugen and Wojahn spoke to Senate Resolution 1998-8705.

 

MOTION


      At 10:14 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


      The Senate was called to order at 10:27 a.m. by President Owen.


MOTION


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


SENATE RESOLUTION 1998-8706


By Senators Kohl, Spanel and B. Sheldon


      WHEREAS, The Seattle Reign is the first professional womens' basketball team in the state of Washington; and

      WHEREAS, The Seattle Reign is one of the nine teams of the American Basketball League, the premier women’s basketball league in the United States; and

      WHEREAS, The Seattle Reign is composed of eleven exceptional women from around the nation, including Kate Starbird, Shalonda Enis, Kate Paye, Angela Aycock, Kira Orr, Christy Hedgpeth, Rhonda Smith, Joy Holmes, Astou Ndiaye, Linda Godby and Val Whiting; and

      WHEREAS, There are many notable members of the Seattle Reign, such as Kate Starbird, a native of Tacoma, Washington, who attended Stanford University where she was awarded the Naismith Award as the nation’s top college womens' basketball player and was first-team All-American and Pac-10 player of the year two consecutive seasons as she led the Pac-10 in scoring, who was recently given the great honor of being named 1997 Seattle Post-Intelligencer Female Sports Star of the Year; Shalonda Enis, who was named MVP for the first ABL All-Star Game this year; Linda Godby who was the first professional female player to dunk in the ABL competition where she received third place; Astou Ndaiye, who led her college team to four straight National Championships; and Val Whiting, who was one of the leading scorers last year for the ABL’s San Jose Lasers; and

        WHEREAS, All the Seattle Reign athletes provide a vital and necessary contribution to the state of Washington by serving as positive role models and mentors for girls and boys throughout the state; and

        WHEREAS, The Seattle Reign players and coaches continue to be active throughout the community by visiting schools and speaking to local groups; and

        WHEREAS, The Seattle Reign and the American Basketball League are committed to five key principles: providing affordable family entertainment, giving back to the community through community service, serving as positive role models, being accessible to fans, and providing high-quality, competitive basketball games;

        NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize and express its appreciation for the accomplishments, dedication, spirit, and hard work of the players and coaches of the Seattle Reign; and

        BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Governor, and to the Seattle Reign players and coaches.


        Senators Kohl, Betti Sheldon and Jacobsen spoke to Senate Resolution 1998-8706.


INTRODUCTION OF SPECIAL GUESTS


        The President welcomed and introduced the members of the Seattle Reign who were seated in the gallery.


MOTION


        At 10:35 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.


        The Senate was called to order at 11:46 a.m. by President Owen.


MOTION


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


SECOND READING


        SENATE BILL NO. 6455, by Senators Strannigan, West, Anderson, Fraser and Spanel (by request of Governor Locke)

 

Adopting a supplemental capital budget.


MOTIONS


        On motion of Senator Strannigan, Substitute Senate Bill No. 6455 was substituted for Senate Bill No. 6455 and the substitute bill was placed on second reading and read the second time.

        On motion of Senator Strannigan, the rules were suspended, Substitute Senate Bill No. 6455 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. 6455.


ROLL CALL


        The Secretary called the roll on the final passage of Substitute Senate Bill No. 6455 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

        Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 41.   Voting nay: Senators Brown, Fairley, Heavey, Jacobsen, Loveland, Spanel, Thibaudeau and Wojahn - 8.    SUBSTITUTE SENATE BILL NO. 6455, 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. 6108, by Senator West

 

Relating to fiscal matters.

MOTION


        On motion of Senator West, Substitute Senate Bill No. 6108 was substituted for Senate Bill No. 6108 and the substitute bill was placed on second reading and read the second time.


MOTION


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

         On page 30, line 18, increase the general fund--state appropriation for fiscal year 1999 by $781,000 and adjust the totals accordingly.

         On page 30, line 20, increase the general fund--federal appropriation by $861,000 and adjust the totals accordingly.

         On page 34, after line 21, insert the following:

         "(18) $781,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to increase compensation for agency homecare workers to an average of $8.50 per hour effective July 1, 1998."

         On page 44, line 9, increase the general fund--state appropriation for fiscal year 1999 by $406,000 and adjust the totals accordingly.

         On page 44, line 11, increase the general fund--federal appropriation by $447,000 and adjust the totals accordingly.

         On page 46, after line 25, insert the following:

         "(l) $406,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to increase compensation for agency homecare workers to an average of $8.50 per hour effective July 1, 1998."

         On page 48, line 8, increase the general fund--state appropriation for fiscal year 1999 by $6,482,000 and adjust the totals accordingly.

         On page 48, line 10, increase the general fund--federal appropriation by $6,492,000 and adjust the totals accordingly.

         On page 52, after line 31, insert the following:

         "(12) $6,482,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to increase compensation for agency homecare workers to an average of $8.50 per hour effective July 1, 1998."

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        Further debate ensued.

        The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Hargrove on page 30, lines 18 and 20; page 34, after line 21; page 44, lines 9 and 11; page 46, after line 25; page 48, lines 8 and 10; and page 52, after line 31 to Substitute Senate Bill No. 6108.


ROLL CALL


        The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.       Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26.

MOTION


        Senator Kohl moved that the following amendment by Senators Kohl and Long be adopted:

        On page 34, after line 21, insert the following:

         "(18) To the extent funds are available, the department shall pay the expense of fingerprint criminal history record checks for low-income family day care homes through the federal bureau of investigation. The department may promulgate rules to set eligibility levels."

         Renumber the sections consecutively and correct any internal references accordingly.

        Debate ensued.

        The President declared the question before the Senate to be the adoption of the amendment by Senators Kohl and Long on page 34, after line 21, to Substitute Senate Bill No. 6108.

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


MOTION


        Senator Thibaudeau moved that the following amendments by Senators Thibaudeau and Wojahn be considered simultaneously and be adopted:

         On page 56, line 10, increase the general fund--state appropriation for fiscal year 1999 by $431,000 and adjust the totals accordingly.

         On page 56, line 12, increase the general fund--federal appropriation by $815,000 and adjust the totals accordingly.

         On page 58, after line 2, insert the following:

         "(12) $431,000 of the general fund--state appropriation is provided solely to design and operate a children's health initiative program in accordance with Title XXI of the social security act. The program shall provide medical coverage for children with special health care needs whose total countable family income is between two hundred percent and two hundred fifty percent of the federal poverty level. Children with special health care needs are those who have or who are at increased risk of having chronic physical, developmental, behavioral, or emotional conditions and who require health and related services of a type or a amount beyond that required by children generally."

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.



        The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Thibaudeau and Wojahn on page 56, lines 10 and 12, and page 58, after line 2, to Substitute Senate Bill No. 6108.


ROLL CALL


        The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26


MOTION


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

         On page 81, line 7, increase the General Fund--State Appropriation (FY 1999) by $245,000 and adjust the total accordingly.

         On page 81, line 9, increase the General Fund--Private/Local Appropriation by $130,000 and adjust the total accordingly.

         On page 81, line 13 after "limitation:" insert "(1)"

         On page 81, line 22, after "county." strike "Any state funds previously provided to Clark county that are not needed for implementation of the county's responsibilities under the national scenic area act may be transferred through an interlocal agreement to Skamania county solely for implementing the national scenic area act." and insert the following:

         "(2) $115,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for a grant to Skamania county for the purpose of implementing the scenic area management plan."

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senator Bauer on page 81, lines 7, 9, 13, and 22, to Substitute Senate Bill No. 6108.


ROLL CALL


        The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26


MOTION


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

         On page 102, line 33, decrease the FY 1999 General Fund appropriation by $200,000 and adjust the total appropriation accordingly.

         On page 104, strike lines 19 through 21.

        Debate ensued.

        The President declared the question before the Senate to be the adoption of the amendments by Senator Brown on page 102, line 33, and page 104, strike lines 19 through 21, to Substitute Senate Bill No. 6108.

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


MOTION


        Senator Bauer moved that the following amendment be adopted:

         On page 127, after line 7, strike all the material down to and including "168,351,000" and insert the following:

                                                                                                                                                                                                                                        "92,503,000

TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((173,952,000))

                                                                        $174,582,000

         The appropriation in this section is subject to the following condition and limitation: $6,231,000 of the appropriation is provided to implement SB 6473."

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.


POINT OF INQUIRY


        Senator Thibaudeau: “Senator Brown, how many school districts do you have in Spokane? In addition to that, what is your property tax base in Spokane? In other words, how much money do you get out of a levy?”

        Senator Brown: “Senator Thibaudeau, I don't know the exact answer to your question about the property tax base in Spokane. I think the point is that even though levies pass, because the property values are lower, a levy in Spokane does not raise the kind of money that a levy in a richer district raises. The point of levy equalization is that--you only get it if you pass your levy. If you pass your levy and your property values are not the same as a richer district, you can attract levy equalization money and I think that is the point.”

        Senator Thibaudeau: “Thank you, Senator Brown.”

        Further debate ensued.

        The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Bauer on page 127, after line 7, to Substitute Senate Bill No. 6108.



ROLL CALL


        The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26


MOTION


        Senator McAuliffe moved that the following amendment be adopted:

         On page 134, after line 23, insert the following:

         "NEW SECTION. Sec. 516. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR CLASS SIZE IMPROVEMENT

General Fund Appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000,000

         The appropriation in this section is subject to the following conditions and limitations.

         (1) For the 1998-99 school year, the superintendent shall allocate a maximum of $52.58 per full time equivalent student to eligible school districts to be used to provide lower class sizes consistent with the district's class size improvement plan.

         (2) To be eligible for the funds, a school district shall:

         (a) Develop a class size improvement plan. The plan shall specify how the funds will be used to lower the number of students per instructional staff at certain grade levels, for specific subjects or in specific settings. The plan shall include the reasons for the plan; the qualifications of the staff that will be used and training of staff, if applicable; use of facilities if appropriate; how class size will be improved in the classroom; and the effects of class size improvement on student learning. The plan shall also include strategies for continuing to improve class size as funds become available in future years; and

         (b) Report to the superintendent of public instruction about the implementation of the plan and the effect of improving class size on student learning."

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McAuliffe on page 134, after line 23, to Substitute Senate Bill No. 6108.


ROLL CALL


        The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26


MOTION


        Senator Franklin moved that the following amendment by Senators Franklin, Loveland, Rasmussen, Thibaudeau, B. Sheldon, Prentice, Patterson, Kline, Hargrove, Fairley, Kohl, McAuliffe, Fraser, Jacobsen, Bauer, T. Sheldon, Goings, Wojahn and Snyder be adopted:

         On page 134, after line 23, insert the following:

         "NEW SECTION. Sec. 516. A new section is added to 1997 c 149 (uncodified) to read as follows:

FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION — FOR SCHOOL NURSES

General Fund appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000

         The appropriation in this section is subject to the following conditions and limitations:

         A maximum of $10,000,000 is provided for the superintendent of public instruction to grant to school districts solely for the purposes of providing for school nurses. The superintendent of public instruction shall provide funds first to those districts with the students with the greatest need for nursing services. The superintendent of public instruction shall establish criteria for distribution of the funds including but not limited to: (a) The health needs of the students while in school; and (b) the number of students receiving free-and-reduced price lunches."

        Debate ensued.


POINT OF INQUIRY


        Senator McAuliffe: “Senator Deccio, I attended the same hearings that you attended on this very issue. I believe and remember from those hearings that there are models and programs that SPI has that set up criteria for how our students and their health care needs need to be served in our schools. Do you recall those model programs?”

        Senator Deccio: “I recall them making those kinds of statements, but I guess I wasn't really impressed.”

        Senator McAuliffe: “Well, I would ask that you and many of the other people who are concerned about the health of our children in our schools, please take a look at those model programs. That is where the ten million dollars will go. They are tried and true programs in my school district--Northshore--today. It is one of the leaders in that model program. So, we aren't putting ten million dollars out there for something we don't know what they are going to do with it. Those programs are in place.”

        Senator Deccio: “Let me respond this way. This thing did not get life until we introduced the bill in the Senate Health and Long-Term Care Committee. If they have had those programs out there, why are they in such chaos today and why haven't they come forward and said, 'This is the plan we would like to implement in the school system to take care of childrens' health needs?' They haven't done that. I talked to the lobbyist for the SPI Office and they are very happy with the way we are dealing with this thing. If they are happy with it, I think we ought to take a deep breath and hang on for a little bit longer and let's make sure there is something in place for those kids out there. I still would urge a 'no' vote.”

        Further debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Franklin, Loveland, Rasmussen, Thibaudeau, B. Sheldon, Prentice, Patterson, Kline, Hargrove, Fairley, Kohl, McAuliffe, Fraser, Jacobsen, Bauer, T. Sheldon, Goings, Wojahn and Snyder on page 134, after line 23, to Substitute Senate Bill No. 6108.


ROLL CALL


        The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26


MOTION


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

         On page 160, after line 35, insert the following:

         "(3) For payment to county governments for claims filed prior to February 20, 1998, for reimbursement for costs incurred under the specified state statutes:

       (a) Chapter 312, Laws of 1995 ("Becca Bill"). . . . . . . . . . .$ 10,145,458

       (b) Domestic violence laws. . . . . . . . . . . . . . . . . . . . .. . . . ..$ 162,679

       (c) Referendum 47 (property taxation). . . . . . . . . . . . . . . . .$ 1,301,000"

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        Further debate ensued.

        The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Loveland and Hargrove on page 160, after line 35, to Substitute Senate Bill No. 6108.

 

ROLL CALL

 

        The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26

 

MOTION

 

        Senator Fraser moved that the following amendments by Senators Fraser and Spanel be considered simultaneously and be adopted:

        On page 161, beginning on line 11, strike "31,421,000" and insert "((31,421,000)) 42,721,000"

         On page 161, beginning on line 16, strike "45,901,000" and insert "((45,901,000)) 56,101,000" 

         On page 161, beginning on line 17, strike 128,708,000 and insert "((128,708,000)) 150,208,000".

        Debate ensued.

        Senator Betti Sheldon demanded a roll call and the demand was sustained.

        Further debate ensued.

        The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Fraser and Spanel on page 161, lines 11, 16, and 17, to Substitute Senate Bill No. 6108.

 

ROLL CALL

 

        The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

        Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 23.        Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 26

 

MOTION

 

        On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6108 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. 6108.

 

ROLL CALL

 

        The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6108 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

        Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 29.     Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 20.      ENGROSSED SUBSTITUTE SENATE BILL NO. 6108, 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 Johnson, the Senate reverted to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 6759  by Senator Roach

 

AN ACT Relating to drunk driving; amending RCW 46.20.308, 46.20.3101, 46.61.502, 46.61.503, 46.61.504, 46.61.506, 88.12.025, 46.20.355, 46.20.391, 46.20.117, 46.20.120, 46.20.311, 46.68.041, 46.55.113, 46.55.120, 46.61.5058, 46.12.240, 46.12.095, 46.12.101, 46.55.105, 46.55.110, 46.55.130, 46.55.010, 46.55.100, 46.20.720, and 46.20.740; reenacting and amending RCW 46.61.5055; adding a new section to chapter 46.68 RCW; adding a new section to chapter 46.12 RCW; adding new sections to chapter 46.20 RCW; adding a new section to chapter 46.55 RCW; adding a new section to chapter 46.61 RCW; creating new sections; repealing RCW 46.20.344; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Law and Justice.

 

MOTION

 

        At 2:01 p.m., on motion of Senator Johnson, the Senate adjourned until 12:00 noon, Thursday, February 26, 1998.

 

BRAD OWEN, President of the Senate

 

MIKE O'CONNELL, Secretary of the Senate