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FIFTY-SEVENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Monday, March 8, 1999

The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Finkbeiner, Heavey, Prentice and Zarelli. On motion of Senator Eide, Senators Heavey and Prentice were excused. On motion of Senator Honeyford, Senators Finkbeiner and Zarelli were excused.

The Sergeant at Arms Color Guard consisting of Pages Emily Urlacker and Adam Jackson, presented the Colors. Senator Rosa Franklin offered the prayer.

MOTION

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

MESSAGE FROM THE HOUSE

March 4, 1999

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1021,

HOUSE BILL NO. 1022,

SUBSTITUTE HOUSE BILL NO. 1024,

HOUSE BILL NO. 1027,

SUBSTITUTE HOUSE BILL NO. 1068,

HOUSE BILL NO. 1070,

HOUSE BILL NO. 1073,

SUBSTITUTE HOUSE BILL NO. 1074,

SUBSTITUTE HOUSE BILL NO. 1075,

HOUSE BILL NO. 1106,

SUBSTITUTE HOUSE BILL NO. 1113,

HOUSE BILL NO. 1138,

HOUSE BILL NO. 1216,

ENGROSSED HOUSE BILL NO. 1232,

HOUSE BILL NO. 1238,

SUBSTITUTE HOUSE BILL NO. 1250,

HOUSE BILL NO. 1293,

HOUSE BILL NO. 1299,

HOUSE BILL NO. 1352,

SUBSTITUTE HOUSE BILL NO. 1490,

ENGROSSED HOUSE BILL NO. 1513,

SUBSTITUTE HOUSE BILL NO. 1559,

HOUSE BILL NO. 1579,

SUBSTITUTE HOUSE BILL NO. 1588, and the same are herewith transmitted.DEAN R. FOSTER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk

INTRODUCTION AND FIRST READING

SB 6080 by Senators Haugen and Goings

AN ACT Relating to transportation funding and appropriations.

Referred to Committee on Transportation.

SB 6081 by Senators Haugen and Goings

AN ACT Relating to transportation funding and appropriations.

Referred to Committee on Transportation.

SB 6082 by Senators Haugen and Goings

AN ACT Relating to transportation funding and appropriations.

Referred to Committee on Transportation.

SB 6083 by Senators Haugen and Goings

AN ACT Relating to transportation funding and appropriations.

Referred to Committee on Transportation.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

HB 1021 by Representatives Ogden, Carlson, Conway, H. Sommers, D. Sommers, Alexander, Wolfe, Bush, DeBolt and Kenney (by request of Joint Committee on Pension Policy)

Providing membership in the public employees' retirement system for the chief administrative officer of a public utility district or a county.

Referred to Committee on Ways and Means.

HB 1022 by Representatives Alexander, Ogden, D. Sommers, H. Sommers, Conway, Carlson, Wolfe, Morris, Campbell, Bush, Keiser, Stensen, McDonald, Kenney, Schoesler, Rockefeller and Lantz (by request of Joint Committee on Pension Policy)

Adjusting the Washington state patrol surviving spouse retirement allowance.

Referred to Committee on Ways and Means.

SHB 1024 by House Committee on Appropriations (originally sponsored by Representatives Carlson, H. Sommers, Alexander, D. Sommers, Lambert, Ogden, Conway, Wolfe, Bush, Kastama, G. Chandler, DeBolt, Carrell, Parlette, Talcott, K. Schmidt and Sump )(by request of Joint Committee on Pension Policy)

Providing a retirement option for certain retirement system members.

Referred to Committee on Ways and Means.

HB 1027 by Representatives Scott, Huff, Lantz, Conway and McDonald (by request of Criminal Justice Training Commission)

Expanding the membership of the criminal justice training commission.

Referred to Committee on Judiciary.

SHB 1068 by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, O'Brien, Lambert, Mitchell, Kessler, Esser and Lovick)

Ensuring that prosecuting attorneys and law enforcement agencies have a meaningful role in the clemency process.

Referred to Committee on Human Services and Corrections.

HB 1070 by Representatives Romero and D. Schmidt (by request of Alternative Public Works Methods Oversight Committee)

Authorizing the general contractor/construction manager contracting procedure for school district capital projects.

Referred to Committee on State and Local Government.

HB 1073 by Representatives D. Schmidt and Romero (by request of Alternative Public Works Methods Oversight Committee)

Changing alternative bid processes for public hospital districts.

Referred to Committee on State and Local Government.

SHB 1074 by House Committee on State Government (originally sponsored by Representatives D. Schmidt, Romero and Santos) (by request of Alternative Public Works Methods Oversight Committee)

Regulating job order contracting for public works.

Referred to Committee on State and Local Government.

SHB 1075 by House Committee on State Government (originally sponsored by Representatives D. Schmidt and Romero) (by request of Alternative Public Works Methods Oversight Committee)

Increasing the monetary limit for use of the small works roster by port districts.

Referred to Committee on State and Local Government.

HB 1106 by Representatives Van Luven, Conway, Wood, Clements, Lisk and Esser

Prescribing disclosures required for prize promotions.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

SHB 1113 by House Committee on Health Care (originally sponsored by Representatives Campbell, Cody and Boldt)

Revising provisions relating to occupational therapy.

Referred to Committee on Health and Long-Term Care.

HB 1138 by Representatives Sheahan and Constantine

Making technical corrections to the disclaimer statute.

Referred to Committee on Judiciary.

HB 1216 by Representatives Parlette and Cody (by request of Department of Health)

Removing the termination of the secretary of health's authority for administrative procedure.

Referred to Committee on Health and Long-Term Care.

EHB 1232 by Representatives Sheahan, Constantine, McDonald and Scott

Changing provisions relating to judgments.

Referred to Committee on Judiciary.

HB 1238 by Representatives Conway, Clements, Wood, McMorris and Hurst

Appointing a temporary member to the board of industrial insurance appeals due to illness of a board member.

Referred to Committee on Labor and Workforce Development.

SHB 1250 by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives McIntire, Keiser, Sullivan, Santos, Benson, Hatfield, Quall, Barlean, Hurst, Dunshee, Bush, Constantine, Dickerson, Rockefeller, O'Brien and Kenney)

Protecting the privacy of financial information.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 1293 by Representatives Campbell, Romero, McMorris, Lambert, Miloscia, D. Schmidt, Dunshee, Haigh, Bush and Esser

Regulating solicitation of contributions by newly elected state officials.

Referred to Committee on State and Local Government.

HB 1299 by Representatives Ballasiotes, O'Brien, Lambert, Kastama, Esser and Schual-Berke (by request of Sentencing Guidelines Commission)

Authorizing the secretary of corrections to grant extraordinary medical releases to offenders when specified conditions are met.

Referred to Committee on Human Services and Corrections.

HB 1352 by Representatives Carrell, Constantine, Sheahan, Koster, Dickerson, Mielke, Lambert, Fortunato, Lantz, D. Schmidt, Boldt, Kessler, Benson, McMorris, Mulliken, Wensman, Crouse, Hatfield, Gombosky, Talcott, DeBolt, Wood, Hurst, Anderson, Pflug, Mitchell, Dunn, Buck, Wolfe, G. Chandler, McDonald, Campbell, Alexander, Skinner, Thomas, Esser and Bush

Allowing temporary emergency concealed pistol licenses.

Referred to Committee on Judiciary.

SHB 1490 by House Committee on Natural Resources (originally sponsored by Representatives Hatfield, Doumit, Buck and Kessler)

Allowing the landing of salmon caught in other states' offshore waters in Washington ports.

Referred to Committee on Natural Resources, Parks and Recreation.

EHB 1513 by Representatives Kenney, Ericksen, Quall, Talcott, Haigh, Keiser, Veloria, Miloscia, Romero, Wolfe, Santos, Alexander, Rockefeller, Barlean, Lisk, Edwards, Lovick, Thomas, Huff, O'Brien, Lambert, Ogden, Conway, Schual-Berke, Dickerson, Hurst, Regala, Linville, Tokuda, Stensen, McDonald, Anderson, Parlette, Esser, Gombosky, Kagi, Edmonds, Lantz and Wood) (by request of Department of General Administration and Superintendent of Public Instruction Bergeson)

Authorizing the donation of surplus computers and computer-related equipment to school districts and educational service districts.

Referred to Committee on State and Local Government.

SHB 1559 by House Committee on Transportation (originally sponsored by Representatives Fortunato, Murray and McDonald) (by request of Washington State Patrol)

Repealing redundant law on transporting explosives.

Referred to Committee on Transportation.

HB 1579 by Representatives Quall and Cooper

Clarifying the review process for appeals from decisions of the Washington Interscholastic Activities Association.

Referred to Committee on Education.

SHB 1588 by House Committee on Transportation (originally sponsored by Representatives Mitchell, Fisher, Hankins, Ericksen, Skinner, Radcliff, Cooper, K. Schmidt and Ogden) (by request of Legislative Transportation Committee)

Deleting reference to obsolete transportation accounts.

Referred to Committee on Transportation.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Rasmussen, Gubernatorial Appointment No. 9007, Tim Douglas, as Director of the Department of Community, Trade and Economic Development, was confirmed.

APPOINTMENT OF TIM DOUGLAS

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

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.

Excused: Senators Finkbeiner, Heavey, Prentice and Zarelli - 4.

SECOND READING

SENATE BILL NO. 5387, by Senators B. Sheldon, Roach, Kline, Bauer, Snyder and McAuliffe

Expanding the definition of economic development activities.

MOTIONS

On motion of Senator Betti Sheldon, Substitute Senate Bill No. 5387 was substituted for Senate Bill No. 5387 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Betti Sheldon, the rules were suspended, Substitute Senate Bill No. 5387 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. 5387.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5387 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Finkbeiner, Heavey, Prentice and Zarelli - 4.

SUBSTITUTE SENATE BILL NO. 5387, 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.

PARLIAMENTARY INQUIRY

Senator McCaslin: “A point of parliamentary inquiry, Mr. President. According to Reed's Rules, I have to address you, but I guess I don't have to look at you. I can look at the body, but the point brought up by the good Senator from the sixth district, who shall remain nameless, and I am not sure he is on the floor at the present time--I spent the weekend looking at Reed's Rules and I came upon Rule 259. Down in the body of that rule, Mr. President, it says, 'Of the extent of these modifications, each assembly must judge for itself and but few suggestions can be made. It has seemed that the best service such a manual such as this could render would be to show some practical modifications which have been made and leave the question of modification in each particular case to the needs of the assembly on which it must necessarily depend.' So, I would ask, Mr. President, can you make these modifications or must the assembly or the body make these modifications?”

REPLY BY THE PRESIDENT

President Owen: “The President believes that it is up to the body to make the modifications of the rules and that is why you have the separate Senate Rules.”

PERSONAL PRIVILEGE

Senator McCaslin: “Thank you, Mr. President. May I go to a point of personal privilege?”

REPLY BY THE PRESIDENT

President Owen: “Certainly.”

Senator McCaslin: “To the body, I address this fact. These rules were written sometime around the eighteen nineties or the eighteen seventies or in that area.. It wasn't until nineteen twenty that we gave the women the right to vote. Now, at the present time, the Democratic Caucus is made up of about sixty-five percent women and the total body is made up of forty-three percent women. Now, I didn't read every word in Reed's Rules, but I did look through most of the pages and I never found the reference to' her' or 'she' or 'woman.' In a way, this is a sexist manual and it is based upon what men do, not what women do. Now, Senator, could you hold it down just a bit? I am making a great speech here. Anyway, I think all of us should look at this, especially, I can't mention him by name--I don't know what district he is from--but he is Sid Snyder. Is that okay?

“Sid Snyder and Dan McDonald and the woman who happens to be floor leader of the Democrats and the man who is floor leader for the Republicans should get together and come up with a rule for the Senate that is not sexist, but rather recognizes the tremendous power and the contribution that women have made to this body and to the state of Washington. Mr. President, I would ask you if you would appoint a committee of Senator Snyder, Senator Sheldon, Senator McDonald--who is not here hearing this great speech--and Senator Johnson to come up with a rule for this Senate that addresses the fact that women are major players in this body--and mention 'she' or 'her' or 'woman.' A woman is mentioned in the introduction, but that was written probably in the seventies. Nowhere--nowhere is a woman mentioned in these rules. I think it is unfair and I think it should be corrected. Thank you Mr. President.”

REPLY BY THE PRESIDENT

President Owen: “Thank you, Senator McCaslin. The President will take your suggestion under advisement. He will remind you that he exercises some latitude and discretion and he believes that the rules provide that opportunity for him to do so, unless a member has brought up a specific rule that they want enforced, which is what Senator West has done and, therefore, if you want a change in the rules, it is necessary for the body to make that decision themselves, not the President.”

Further debate ensued.

POINT OF INQUIRY

Senator Deccio: “Senator McCaslin, if all of this comes to pass, Senator, does this mean that I can't call you a turkey anymore?”

Senator McCaslin: “I would prefer you didn't call me a turkey on the floor, but you could call me a friend.”

SECOND READING

SENATE BILL NO. 5192, by Senators Goings, Patterson, Benton, Sellar, Haugen, Oke, Winsley, T. Sheldon and Costa

Requiring motor carrier drug testing programs.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5192 was substituted for Senate Bill No. 5192 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5192 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. 5192.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5192 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Finkbeiner, Heavey, Prentice and Zarelli - 4.

SUBSTITUTE SENATE BILL NO. 5192, 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. 5664, by Senators Costa, Long, Kline, Hargrove, Thibaudeau, Wojahn, Franklin and Jacobsen

Renaming, with regard to adult and juvenile offenders, "community service" as "community restitution."

The bill was read the second time.

MOTION

On motion of Senator Costa, the rules were suspended, Senate Bill No. 5664 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. 5664.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5664 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

Excused: Senators Finkbeiner, Heavey, Prentice and Zarelli - 4.

SENATE BILL NO. 5664, 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. 5258, by Senators Snyder, Sellar, Winsley and Prentice (by request of State Investment Board)

Authorizing the state investment board to directly order actions relating to securities.

The bill was read the second time.

MOTION

On motion of Senator Snyder, the rules were suspended, Senate Bill No. 5258 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. 5258.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5258 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

SENATE BILL NO. 5258, 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. 5483, by Senators McAuliffe, Oke, Winsley and Costa (by request of Parks and Recreation Commission)

Using volunteers at the state parks and recreation commission.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5483 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. 5483.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5483 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

SENATE BILL NO. 5483, 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. 5384, by Senators Heavey, Benton, Haugen and Horn (by request of Department of Transportation)

Phasing in lightweight tire studs.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5384 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. 5384.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5384 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 8; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Patterson, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 38. Voting nay: Senators Brown, Deccio, Hargrove, Loveland, Morton, Rasmussen, Sheahan and West - 8. Excused: Senators Finkbeiner, Heavey and Prentice - 3. SENATE BILL NO. 5384, 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. 5295, by Senators Costa, Prentice, Kohl-Welles, Thibaudeau, Fraser, Fairley and Heavey

Protecting the act of breastfeeding.

MOTIONS

On motion of Senator Costa, Substitute Senate Bill No. 5295 was substituted for Senate Bill No. 5295 and the substitute bill was placed on second reading and read the second time.

Senator Costa moved that the following amendments be considered simultaneously and be adopted: On page 6, line 23, after "(23)" insert ""Restroom" means a room containing one or more toilets, but not an adjoining and separate room with easily accessible electrical outlets;

(24)"

On page 6, line 26, strike "(24)" and insert "(25)"

Correct any internal references accordingly.

On page 6, at the beginning of line 31, strike "It shall be" and insert "((It shall be)) (1) Except as provided in this section, it is"

On page 7, after line 10, insert the following:

"(2) It is not an unfair practice for:

(a) A business that is not a public resort, accommodation, assemblage, or amusement to offer a specific area of the business, other than a restroom, for a nursing mother to use, so long as the business makes the availability of such an area known only by posting a sign in a prominent location or by responding to an inquiry from a nursing mother; or

(b) An employer to designate a specific room or other location in the workplace for an employee to use as provided under section 5 of this act."

On page 7, line 35, after "(4)" strike "For the purposes of this section, "employer"" and insert "The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Employer""

On page 8, line 2, after "quasi-municipal corporations" insert "; and

(b) "Restroom" includes a room containing one or more toilets, but not an adjoining and separate room with easily accessible electrical outlets"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Costa on page 6, lines 23, 26, 31; page 7, lines 10 and 35; and page 8, line 2, to Substitute Senate Bill No. 5295.

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

MOTION

On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5295 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

POINT OF ORDER

Senator Costa: “Thank you, Mr. President, I rise to a point of order. I believe the good lady was impugning my motive.”

REPLY BY THE PRESIDENT

President Owen: “Senator Roach, if you would be careful in directing your comments specifically to the bill.”

Further debate ensued.

POINT OF ORDER

Senator Patterson: “Mr. President, a point of order. I believe the good Senator is impugning the motive of the maker of the bill by suggesting that the maker is grandstanding. This bill is of extreme importance to many people who live in the state of Washington, even though there are some who may disagree with it. I would ask that the good lady show respect to the underlying legislation and to the maker of the bill.”

Further debate ensued.

POINT OF INQUIRY

Senator Patterson: “Senator Costa, I was confused by the speech by the lady from the Thirty-ninth District earlier. It seemed to me that she seemed to think that the bill would make breastfeeding a part of the indecent exposure statute. Isn't it true that the bill specifically will exclude the act of breastfeeding from being an act that is considered to be indecent exposure? That is the way that I understand the bill.”

Senator Costa: “You are correct, Senator Patterson. We are specifically excluding from the indecent exposure statute the act of breastfeeding. While it is not specifically included at this time, we are excluding it because there were many women who contacted me who have been threatened with being charged with indecent exposure--who have been escorted out of shopping malls--who have been asked to go to the restroom in a restaurant to nurse their children. So, that is why we are specifically excluding from the indecent exposure statutes the act of breastfeeding.”

CALL FOR THE PREVIOUS QUESTION

Senators Snyder, Haugen and Spanel called for the previous question and the demand was sustained.

The President declared the question before the Senate to be the shall the main question be now put.

The demand for the previous question carried.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5295.

Senator Costa closed debate on Engrossed Substitute Senate Bill No. 5295.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5295 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 7; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 39.

Voting nay: Senators Hochstatter, Honeyford, Horn, Morton, Roach, Stevens and West - 7.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5295, 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. 5036, by Senators McCaslin and Heavey (by request of Board for Judicial Administration)

Adding a judge to the superior court of Okanogan county.

The bill was read the second time.

MOTIONS

On motion of Senator Hochstatter, the following amendments by Senators Hochstatter, Heavey and McCaslin were considered simultaneously and were adopted:

On page 1, line 6, after "Grant," strike "two" and insert "((two)) three"

On page 1, line 14, after "Sec. 2." strike "The additional judicial position" and insert "(1) The additional judicial position for Grant county created by section 1 of this act is effective only if Grant county through its duly constituted legislative authority documents its approval of the additional position and its agreement that it will pay out of county funds, without reimbursement from the state, the expenses of the additional judicial position as provided by state law or the state Constitution.

(2) The additional judicial position for Okanogan county"

On motion of Senator Kline, the rules were suspended, Engrossed Senate Bill No. 5036 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 Engrossed Senate Bill No. 5036.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5036 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

ENGROSSED SENATE BILL NO. 5036, 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. 5037, by Senators McCaslin, Heavey and Rasmussen (by request of Board for Judicial Administration)

Creating a new court of appeals position for Pierce county.

The bill was read the second time.

MOTION

On motion of Senator Kline, the rules were suspended, Senate Bill No. 5037 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. 5037.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5037 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

SENATE BILL NO. 5037, 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. 5484, by Senators McAuliffe, Rossi, Hargrove and Oke (by request of Parks and Recreation Commission)

Granting concessions or leases in state parks and parkways.

The bill was read the second time.

MOTION

On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5484 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. 5484.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5484 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.

Absent: Senator Wojahn - 1.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

SENATE BILL NO. 5484, 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. 5163, by Senators Brown, Kohl-Welles, Patterson, Wojahn and Eide

Modifying good cause reasons for failure to participate in WorkFirst program components.

The bill was read the second time.

MOTION

Senator Sheahan moved that the following amendment be adopted:

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

"NEW SECTION. Sec. 2. The infant child care rate paid by the state for recipients' children is hereby increased by twenty percent beginning July 1, 1999."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

Senator Johnson 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 Sheahan on page 2, after line 2, to Senate Bill No. 5163.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 25; Absent, 0; Excused, 3. Voting yea: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 21.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 25.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

MOTION

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

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 74.08A.270 and 1997 c 58 s 314 are each amended to read as follows:

Good cause reasons for failure to participate in WorkFirst program components include: (1) Situations where the recipient is a parent or other relative personally providing care for a child under the age of six years, and formal or informal child care, or day care for an incapacitated individual living in the same home as a dependent child, is necessary for an individual to participate or continue participation in the program or accept employment, and such care is not available, and the department fails to provide such care; or (2) until June 30, ((1999)) 2001, if the recipient is a parent with a child under the age of one year. A parent may only receive this exemption for a total of twelve months, which may be consecutive or nonconsecutive; or (3) after June 30, ((1999)) 2001, if the recipient is a parent with a child under three months of age.

NEW SECTION. Sec. 2. A new section is added to chapter 74.08 RCW to read as follows:

(1) DSHS shall report to the legislature by December 1, 2000 on the implementation of the child care training program authorized for TANF recipients as part of the WorkFirst program, including the number of recipients trained and the number working in child care and early childhood education after completion of the training.

(2) DSHS shall report to the legislature by December 1, 2000 and each year thereafter a comparison of the market rate for infant care and the state rate paid to providers of infant care statewide and by region.

(3) DSHS shall report to the legislature by December 1, 2000 on the availability, affordability and accessability of child care for infants statewide and by region."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Hale and Brown to Senate Bill No. 5163.

The motion by Senator Hale carried and the striking amendment was adopted.

MOTIONS

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

On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 74.08A.270; and adding a new section to chapter 74.08A RCW."

On motion of Senator Brown, the rules were suspended, Engrossed Senate Bill No. 5163 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 Engrossed Senate Bill No. 5163.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5163 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 12; Absent, 0; Excused, 3.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 34.

Voting nay: Senators Benton, Hochstatter, Honeyford, Johnson, McDonald, Morton, Roach, Rossi, Sellar, Stevens, Swecker and Zarelli - 12.

Excused: Senators Finkbeiner, Heavey and Prentice - 3.

ENGROSSED SENATE BILL NO. 5163, 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 McAuliffe, the following resolution was adopted:

SENATE RESOLUTION 1999-8641

By Senators McAuliffe, Johnson, Haugen, Spanel, Rasmussen, Fairley, Eide, Costa, Kohl-Welles, Fraser

WHEREAS, There are nearly 50,000 classified school employees working with and helping children in Washington’s public schools; and

WHEREAS, Classified school employees are instrumental in fulfilling the state’s paramount duty to educate children; and

WHEREAS, By supporting the learning environment, classified school employees are crucial partners with teachers and principals in the public schools; and

WHEREAS, Classified school employees are involved in nearly every aspect of education including maintaining school grounds, providing administrative and clerical assistance, preparing and serving meals, providing safe transportation, keeping school facilities clean and orderly, providing more individualized attention to students in the classroom, ensuring students have a safe environment in which to learn, and providing many other essential services; and

WHEREAS, Students, parents, teachers, and the community have come to rely on public school employees to deliver these critical services that enhance the education experience;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate do hereby give tribute to the tireless efforts of classified public school employees and honor the men and women who work with our children every day.

Senators McAuliffe, Sellar, Honeyford and Rasmussen spoke to Senate Resolution 1999-8641.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced members of the classified public school employees, who were seated in the gallery.

MOTION

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

SENATE RESOLUTION 1999-8643

By Senators Eide, Kohl-Welles, Patterson, Brown, Spanel, Rasmussen, Fairley, Costa and Fraser

WHEREAS, Women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability have immeasurably enriched and continue to enrich our homes, schools, workplaces, communities, state, country, and every nation on earth; and

WHEREAS, Women have played a critical economic, cultural, and social role in every sphere of life by constituting a significant portion of the labor force, whether working inside or outside of the home, whether paid, or as volunteers; and

WHEREAS, Women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability have served as leaders of every major progressive movement of social change; and

WHEREAS, Day-to-day discrimination against women remains a fact of life around the globe, and women continue to be largely unrecognized and undervalued for their historical and contemporary accomplishments; and

WHEREAS, Women continue to lead efforts in eliminating discrimination and violence committed against women, men, and children, and in promoting equality, equity, and peace; and

WHEREAS, Washington State has always been a champion of women's rights and a national leader in promoting progress for women, having been one of the first states to grant suffrage to women, having the highest proportion of women legislators of any State Legislature,

currently, and in the history of the United States, and having a majority of women in the Senate majority caucus, which is a first in the United States; and

WHEREAS, The United States of America remains a world leader and must continue to set the standards for women's rights and equality; and

WHEREAS, 1999 is the eighty-ninth anniversary of women's suffrage in Washington State and the seventy-ninth anniversary of women's suffrage in the United States; and

WHEREAS, March is National Women's History Month as proclaimed by Congress, and March 8th is International Women's Day as proclaimed by the United Nations;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and celebrate the women of our state, country, and the world, and recognize that today March 8th is International Women's Day and that March is National Women's History Month.

Senators Eide and Kohl Welles spoke to Senate Resolution 1999-8643.

PERSONAL PRIVILEGE

Senator Snyder: “A point of personal privilege, please. I think that after this morning's session when we had some rather cross words in debate, if everybody would, between now and tomorrow's session, read Reed's Rules 221 and 224 and 225, it might help avoid the type of confrontation we had on the Senate floor this morning--Reed's 221 to 225.”

REPLY BY THE PRESIDENT

President Owen: “Point well taken.”

MOTION

At 10:57 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 6:35 p.m. by Vice President Pro Tempore Bauer.

MOTION

On motion of Senator Spanel, the Senate reverted to the first order of business.

REPORTS OF STANDING COMMITTEES

March 5, 1999

SB 5011 Prime Sponsor, Senator Long: Changing provisions relating to dangerous mentally ill offenders. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5011 as recommended by Committee on Human Services and Corrections be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fraser, Honeyford, Long, McDonald, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau and Wojahn.