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SIXTY-FIFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 16, 1999
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Gardner, Heavey, Horn, Long, Rasmussen and Sellar. On motion of Senator Honeyford, Senators Horn, Long and Sellar were excused. On motion of Senator Franklin, Senator Heavey was excused.
The Sergeant at Arms Color Guard consisting of Pages Lindsay Moller and Brittany Yunker, presented the Colors. Reverend Mary McGonigal, pastor of the Lacey Presbyterian Church, 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 15, 1999
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1761,
SECOND SUBSTITUTE HOUSE BILL NO. 1818,
HOUSE BILL NO. 1827,
HOUSE BILL NO. 1831,
HOUSE BILL NO. 1872,
SUBSTITUTE HOUSE BILL NO. 2005,
HOUSE BILL NO. 2116,
HOUSE BILL NO. 2201,
HOUSE BILL NO. 2246,
HOUSE BILL NO. 2259, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1761 by Representatives Talcott, Carrell, Rockefeller, Wensman, Stensen, Thomas, Fortunato, Mulliken, Haigh, Schoesler, Bush and Esser
Increasing the number of hours retired teachers and administrators can serve as substitute teachers or administrators without a reduction in benefits.
Referred to Committee on Education.
2SHB 1818 by House Committee on Appropriations (originally sponsored by Representatives Clements, Quall, Talcott, Carlson, Keiser and Carrell)
Changing truancy provisions.
Referred to Committee on Education.
HB 1827 by Representatives D. Schmidt, Romero and McMorris
Concerning printing contracts entered into by state agencies.
Referred to Committee on State and Local Government.
HB 1831 by Representatives Ogden, Thomas, Lantz, Carlson, H. Sommers, Keiser, Dunshee, Lambert, Quall, O'Brien, Cody, Kenney, Dunn, Santos, Schual-Berke, Lovick, Edmonds, Wood, Haigh, Rockefeller, Conway, Stensen, Dickerson, Kessler, Hurst and Esser
Requiring adoption of rules for certain construction management techniques.
Referred to Committee on Ways and Means.
HB 1872 by Representatives Hurst, Lambert, Lovick, O'Brien and Carrell
Granting state-wide warrant jurisdiction to courts of limited jurisdiction.
Referred to Committee on Judiciary.
SHB 2005 by House Committee on State Government (originally sponsored by Representatives Wolfe, D. Sommers, D. Schmidt, Romero, Carlson, Delvin, Santos, O'Brien, Miloscia, Lovick, Dickerson, Kenney, Ogden, Fisher, Cody, Parlette, Campbell, Lambert, Pennington, Dunshee, Koster, Hankins, Clements, Cairnes, Keiser, Conway and Veloria) (by request of State Auditor Sonntag)
Managing the state employee whistleblower program.
Referred to Committee on State and Local Government.
HB 2116 by Representatives Scott, Mielke, Mulliken, Edwards, Fortunato, Cooper and Reardon
Allowing a public utility district to dispose of equipment or materials.
Referred to Committee on State and Local Government.
HB 2201 by Representatives Fisher, Hankins, Ogden, K. Schmidt, Ericksen, Skinner, Radcliff and Mielke
Imposing a surcharge on trip permit fees.
Referred to Committee on Transportation.
HB 2246 by Representatives Thomas and Dunshee
Defining membership requirements and procedures for lodging tax advisory committees.
Referred to Committee on State and Local Government.
HB 2259 by Representatives Murray, Hankins, Ogden, K. Schmidt, Fisher, Radcliff, Hatfield and Hurst
Extending the term of drivers' licenses.
Referred to Committee on Transportation.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9067, Dennis Karras, as Director of the Department of Personnel, was confirmed.
APPOINTMENT OF DENNIS KARRAS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Absent: Senators Gardner and Rasmussen - 2.
Excused: Senators Brown, Heavey, Horn, Long and Sellar - 5.
SECOND READING
SENATE BILL NO. 5050, by Senators Prentice, Kline and Deccio
Describing the treatment of intractable pain with controlled substances.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5050 was substituted for Senate Bill No. 5050 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5050 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 Gardner and Hargrove were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5050.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5050 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 3; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Hochstatter, Morton and West - 3.
Excused: Senators Brown, Gardner, Hargrove and Sellar - 4.
SUBSTITUTE SENATE BILL NO. 5050, 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. 5430, by Senators Wojahn, Winsley, Jacobsen, Hale, Kohl-Welles, Thibaudeau, Benton, Rasmussen, Long, Fraser, Prentice, Shin, Gardner, Heavey, McAuliffe, Patterson, Franklin, Costa, Eide, B. Sheldon and Spanel
Creating the office of women's health within the department of health.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5430 was substituted for Senate Bill No. 5430 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5430 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. 5430.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5430 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Voting nay: Senators Hochstatter, Morton and Stevens - 3.
Excused: Senator Sellar - 1.
SUBSTITUTE SENATE BILL NO. 5430, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration on Senate Bill No. 5564, as amended on reconsideration, deferred on second reading March 15, 1999.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Benton concerning the number of votes necessary to pass Senate Bill No. 5564, as amended on reconsideration, the President previously ruled that the measure added a new class of property to which the property tax applied; namely travel trailers.
“The amendments by Senators Swecker and Gardner on page 1, line 11; page 2, line 1; and page 2, at the beginning of line 3; deletes all references to travel trailers in the bill. The President believes that the measure, as amended, now simply clarifies what was already the state of the law concerning taxation of park trailers.
“The President, therefore, believes that the measure, as amended, requires only a simple majority on final passage.”
MOTION
On motion of Senator Gardner, the rules were suspended, Engrossed Senate Bill No. 5564, on reconsideration, 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 Brown was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5564, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5564, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators Benton, Roach and Stevens - 3.
Excused: Senators Brown and Sellar - 2.
ENGROSSED SENATE BILL NO. 5564, on reconsideration, 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. 5349, by Senators Costa, Spanel, Long, Fairley, Kohl-Welles, Snyder, Kline, Franklin, Thibaudeau, Wojahn, Rasmussen, Patterson, Deccio and Prentice
Providing insurance coverage for cranial hair.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5349 was substituted for Senate Bill No. 5349 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5349 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. 5349.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5349 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 35.
Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Johnson, McDonald, Morton, Sheahan, Sheldon, T., Stevens and Zarelli - 11.
Absent: Senator Deccio - 1.
Excused: Senators Brown and Sellar - 2.
SUBSTITUTE SENATE BILL NO. 5349, 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 Rasmussen, Senator Prentice was excused.
SECOND READING
SENATE BILL NO. 5446, by Senators Franklin, Patterson, Fraser, McAuliffe, Snyder, B. Sheldon, Thibaudeau, Bauer, Kline, Gardner, Kohl-Welles and Spanel
Allowing public funding of local office campaigns.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5446 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. 5446.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5446 and the bill failed to pass the Senate by the following vote: Yeas, 22; Nays, 25; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Fairley, Franklin, Fraser, Gardner, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 22.
Voting nay: Senators Benton, Deccio, Eide, Finkbeiner, Goings, Hale, Hargrove, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 25.
Excused: Senators Prentice and Sellar - 2.
SENATE BILL NO. 5446, having failed to receive the constitutional majority, was declared lost.
SECOND READING
SENATE BILL NO. 5900, by Senators Patterson, Haugen, Bauer, Franklin, B. Sheldon, Snyder, Rasmussen, Kohl-Welles, McAuliffe, Thibaudeau, Fairley, Fraser, Prentice, Spanel and Eide
Regulating political advertising and independent expenditures.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5900 was substituted for Senate Bill No. 5900 and the substitute bill was placed on second reading and read the second time.
Senator Horn moved that the following amendment be adopted:
On page 13, beginning on line 38, strike all of subsection (6)
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
Further debate ensued.
CALL FOR THE PREVIOUS QUESTION
Senators Snyder, Franklin, Spanel called for the previous question and the demand was sustained.
The President declared the question before the Senate to be shall the main question be now put.
The motion carried and the call for the previous question carried.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Horn on page 13, beginning on line 38, to Substitute Senate Bill No. 5900.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 16; Nays, 32; Absent, 0; Excused, 1.
Voting yea: Senators Deccio, Hale, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker and West - 16. Voting nay: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley, Wojahn and Zarelli - 32. Excused: Senator Sellar - 1.
MOTION
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5900 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. 5900.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5900 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 31. Voting nay: Senators Benton, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 17. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5900, 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. 5899, by Senators Patterson, Bauer, Franklin, Rasmussen, B. Sheldon, Haugen, Kohl-Welles, McAuliffe, Fraser, Prentice, Thibaudeau and Spanel
Adjusting penalties under the public disclosure act.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5899 was substituted for Senate Bill No. 5899 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Horn, the following amendment by Senators Horn and Patterson was adopted:
On page 3, after line 30, delete the rest of the section and insert the following:
"(6) Beginning on the first day of an election cycle, a candidate who has not complied with an order issued under RCW 42.17.390 or this section during the previous election cycle, and the remedies imposed thereunder, shall not solicit or accept contributions or make expenditures until the candidate has complied with the order and the remedies so imposed.
(7)(a) Beginning on the first day of an election cycle, a political committee that has not complied with an order issued under RCW 42.17.390 or this section during the previous election cycle, and the remedies imposed thereunder, shall not solicit or accept contributions or make expenditures until it has complied with the order and the remedies so imposed. This restriction applies to the political committee against whom the order and remedies were issued as well as a political committee that has a majority of the same officers as the committee that is subject to the order.
(b) Beginning on the first day of an election cycle, a political committee that has an officer who has not complied with an order issued under RCW 42.17.390 or this section during the previous election cycle, and the remedies imposed thereunder, shall not solicit or accept contributions or make expenditures until the officer has complied with the order and the remedies so imposed. This restriction applies to the committee of which the individual subject to the order was an officer at the time of the violation as well as any other political committee of which the individual is an officer.
(8) Beginning on January 1 of each year, a person who has not complied with an order issued under RCW 42.17.390 or this section during the previous year, and the remedies imposed thereunder, shall not register as a lobbyist, receive compensation as a lobbyist, or make expenditures for lobbying expenses until the person has complied with the order and the remedies so imposed. If the person is presently registered as a lobbyist or a lobbyist employer, the commission may suspend or revoke the person's registration.
(9) Beginning on January 1 of each year, a sponsor of a grass roots lobbying campaign that has not complied with an order issued under RCW 42.17.390 or this section during the previous year, and the remedies imposed thereunder, may not receive contributions or make expenditures for grass roots lobbying purposes until the sponsor has complied with the order and the remedies so imposed."
MOTION
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5899 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. 5899.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5899 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 45. Voting nay: Senators Roach, West and Zarelli - 3. Excused: Senator Sellar - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5899, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 5931, by Senators Patterson, Horn, Gardner, McCaslin, Haugen, Kline, Brown, Costa, Hale, Kohl-Welles, B. Sheldon and Bauer
Requiring electronic filing and publication of campaign finance and lobbyist reports.
MOTIONS
On motion of Senator Patterson, Second Substitute Senate Bill No. 5931 was substituted for Senate Bill No. 5931 and the second substitute bill was placed on second reading and read the second time.
Senator Patterson moved that the following amendment by Senators Patterson and Horn be adopted:
On page 1, line 1, delete all of section 1 and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 42.17 RCW to read as follows:
(1) It is the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists' employers. The legislature finds that failure to comply with this chapter's requirements for full and timely disclosure threatens to undermine our electoral process.
(2) Beginning January 1, 2001, the commission shall establish goals that all reports, copies of reports, or copies of the data or information included in reports, filed under RCW 42.17.040, 42.17.065, 42.17.080, 42.17.100, 42.17.105, 42.17.150, 42.17.170, 42.17.175, and 42.17.180, that are:
(a) Submitted electronically via modem, satellite, or the Internet, shall be accessible in the commission's office and via the commission's web site within two business days of the commission's receipt of the report; and
(b) Submitted in any format or via any method other than those listed in (a) of this subsection, shall be accessible in the commission's office and via the commission's web site within four business days of the commission's receipt of the report."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Patterson and Horn on page 1, line 1, to Second Substitute Senate Bill No. 5931.
The motion by Senator Patterson carried and the amendment was adopted.
MOTION
Senator Horn moved that the following amendment by Senators Horn and Patterson be adopted:
On page 9, after line 4, insert the following:
"Sec. 11. RCW 42.17.420 and 1995 c 397 s 18 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, when any application, report, statement, notice, or payment required to be made under the provisions of this chapter has been deposited postpaid in the United States mail properly addressed, it shall be deemed to have been received on the date of mailing. It shall be presumed that the date shown by the post office cancellation mark on the envelope is the date of mailing. The provisions of this section do not apply to reports required to be delivered under RCW 42.17.105 and 42.17.175.
(2) When a report is filed electronically with the commission, it is deemed to have been received on the file transfer date. The commission shall notify the filer of receipt of the electronically filed report. Such notification may be sent by mail, facsimile, or electronic mail. If the notification of receipt of the electronically filed report is not received by the filer, the filer may offer his or her own proof of sending the report, and such proof shall be treated as if it were a receipt sent by the commission. Electronic filing may be used for purposes of filing the special reports required to be delivered under RCW 42.17.105 and 42.17.175."
Renumber the remaining 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 Horn and Patterson on page 9, after line 4, to Second Substitute Senate Bill No. 5931.
The motion by Senator Horn carried and the amendment was adopted.
MOTION
Senator Hargrove moved that the following amendment be adopted:
On page 9, line 19, delete all of section 12 and insert the following:
"NEW SECTION. Sec. 12. A new section is added to chapter 42.17 RCW to read as follows:
Beginning January 1, 2000, each continuing political committee shall file all contribution reports and expenditure reports required by this chapter electronically by diskette or via modem, satellite, or the Internet. Failure by a continuing political committee to comply with this section is a violation of this chapter."
POINT OF INQUIRY
Senator West: “Senator Patterson, I don't find anywhere in the underlying bill the definition of continuing political committee. I know that some folks roll over their prior campaign into their next campaign and I thought that was called a continuing political committee. Could you provide us with an understanding of what a continuing political committee is?”
Senator Patterson: “Thank you, Senator West, for that question. It just took me a moment to find that in there. It refers to political action committees, not candidates. That is what the language means. In other words, PACS would still be required to file electronically; candidates would not. They would have to be registered political action committees.”
Senator West: “Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Hargrove on page 9, line 19, to Second Substitute Senate Bill No. 5931.
The motion by Senator Hargrove carried and the amendment was adopted.
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On page 1, line 2 of the title, after "42.17.365," strike "and" and after "42.17.367" insert ", and 42.17.420"
On motion of Senator Patterson, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5931 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 Deccio, Senator West was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5931.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5931 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 47. Excused: Senators Sellar and West - 2. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5931, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and greeted Laura Hoots, the mother of Senator Val Stevens, who was seated on the rostrum.
SECOND READING
SENATE BILL NO. 5071, by Senators Patterson, Prentice, Shin, Thibaudeau, Hale, Gardner, Fraser, Spanel, Haugen, Snyder, Morton, Loveland, B. Sheldon, Winsley, Wojahn, Costa and McAuliffe
Providing protection for candidates for public office against false statements in political advertising made with malice.
The bill was read the second time.
MOTION
On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5071 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
PERSONAL PRIVILEGE
Senator McCaslin: “A point of personal privilege, Mr. President. I move that the Senator from the Fifteenth District be excused.”
REPLY BY THE PRESIDENT
President Owen: “You will have to help me out on that one at little bit.”
Senator McCaslin: “Well, that is Senator Honeyford. I am trying to point out that we can't carry these rules too far. We have everybody looking up districts and talking about districts instead of saying, 'Senator Patterson or Senator Kline or Senator Hale.' It is so much easier to say, 'Senator Snyder or Senator Haugen.' I think the leaders should get together and say, 'We can modify these rules and we can refer to names as long as we are being nice and kind and complimentary to each other. I like to say, 'Senator Johnson or Senator Finkbeiner' instead of saying whatever his district is and looking around to see what it is. So, hopefully, Sid and McDonald will get together, so we can ease up on that.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5071.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5071 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 36. Voting nay: Senators Finkbeiner, Heavey, Hochstatter, Johnson, McDonald, Morton, Roach, Rossi, Stevens, Swecker, West and Zarelli - 12. Excused: Senator Sellar - 1. SENATE BILL NO. 5071, 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. 5929, by Senators Haugen, Long, Gardner, Costa, Swecker, Hargrove, Winsley, Patterson, Eide, Snyder and Bauer
Reallocating local motor vehicle excise tax for public transportation.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5929 was substituted for Senate Bill No. 5929 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendment be adopted:
On page 1, line 8, strike ".815" and insert ".725"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 8, to Substitute Senate Bill No. 5929.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
Senator Benton moved that the following amendment by Senators Benton and McCaslin be adopted:
On page 8, after line 7, strike all of Section 5
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 Benton and McCaslin on page 8, after line 7, to Substitute Senate Bill No. 5929.
The motion by Senator Benton failed and the amendment was not adopted on a rising vote.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5929 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 West: “Mr. President I rise to a point of order. Under Article II, Section 1 of the Constitution, it says that Initiatives passed by the people are subject to a two-thirds vote of the Legislature to amend or repeal within a two year period after the vote. I would contend that this bill clearly amends Referendum 49 which was passed in the last general election and I would ask the President to rule on the amount of votes required to pass this bill.”
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5929 was deferred.
SECOND READING
SENATE BILL NO. 5750, by Senators Benton, Haugen, Roach, Prentice, Hochstatter, Horn, McDonald, T. Sheldon, Swecker, Stevens, Goings, Zarelli, Johnson, Patterson, Hale, Costa, Honeyford, Morton, Rasmussen, Rossi, Oke, Long, Finkbeiner, Deccio and Sheahan
Clarifying transportation planning.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5750 was substituted for Senate Bill No. 5750 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendment by Senator Sellar be adopted:
On page 1, line 11, after "corridors" insert ", to include public-private transportation initiatives"
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5750 was deferred.
SECOND READING
SENATE BILL NO. 6001, by Senators Hargrove, Long, Winsley and Rasmussen
Providing for the disclosure of information to the office of the family and children's ombudsman.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 6001 was substituted for Senate Bill No. 6001 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6001 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. 6001.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6001 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 6001, 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 Wojahn, the following resolution was adopted:
SENATE RESOLUTION 1999-8651
By Senators Wojahn, Snyder, Franklin, Swecker, Oke, Winsley, Hargrove, T. Sheldon, Rasmussen, Fraser, Goings, Roach, Haugen and Kohl-Welles
WHEREAS, Camp Fire Boys and Girls, the national organization, will sponsor Absolutely Incredible Kid Day on March 18, 1999; and
WHEREAS, Camp Fire Boys and Girls has issued a call to action, asking every adult in American to write a letter to a child or children on March 18, 1999; and
WHEREAS, Camp Fire Boys and Girls has established the goal that every child receive a letter on March 18, 1999; and
WHEREAS, Orca Council of Camp Fire in Tacoma, Washington, teaches boys and girls self-reliance, good citizenship and leadership; and
WHEREAS, Through contemporary programs and by speaking out on issues affecting youth and their families, Camp Fire Boys and Girls help youth cope with their changing world; and
WHEREAS, In Camp Fire, the choices and opportunities are inclusive for boys and girls; and
WHEREAS, Camp Fire Boys and Girls is commended for the valuable programs offered to young people in the state of Washington and throughout the nation, and for the many services these young people perform for their communities through Camp Fire;
NOW, THEREFORE, BE IT RESOLVED That the Washington State Senate honor the Camp Fire Boys and Girls and acknowledge the contributions their valuable programs have made to the children of Washington State and urge all citizens of the state of Washington to celebrate Absolutely Incredible Kid Day on March 18, 1999.
Senators Wojahn, Betti Sheldon, Swecker, Heavey and Haugen spoke to Senate Resolution 1999-8651.
MOTION
At 11:16 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:30 p.m. by President Owen.
There being no objection, the President returned the Senate to the sixth order of business.
MOTION
On motion of Senator Honeyford, Senators Horn, Johnson, McDonald, West and Winsley were excused.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Prentice, Gubernatorial Appointment No. 9002, Charlie Brydon, as a member of the Liquor Control Board, was confirmed.
APPOINTMENT OF CHARLIE BRYDON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 35; Nays, 7; Absent, 1; Excused, 6.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Wojahn - 35. Voting nay: Senators Benton, Honeyford, Morton, Oke, Rossi, Stevens and Zarelli - 7. Absent: Senator Haugen - 1. Excused: Senators Horn, Johnson, McDonald, Sellar, West and Winsley - 6.
PERSONAL PRIVILEGE
Senator Heavey: “A point of personal privilege, Mr. President. I am just distressed at the seven 'no' votes on that appointment. A lot of people say there is no discrimination anymore. I think the people that voted 'no' on that appointment indicate that discrimination is alive and well in the state of Washington. Thank you.”
PERSONAL PRIVILEGE
Senator Deccio: “I rise to a point of personal privilege, Mr. President. I voted for this appointment. I voted it out of committee and voted for it just now. I think the previous speaker is out of line. I think we all have a right to vote the way we want to and the reasons why we vote that way is really no body's business but our own. I think to impugn anybody on this floor is forbidden and I think it just happened. I don't like to see that happen. Thank you.”
REPLY BY THE PRESIDENT
President Owen: “Senator Deccio, the President thinks your point is well taken.”
SECOND READING
SENATE BILL NO. 5813, by Senators Thibaudeau, Deccio, Costa and Winsley
Requiring third-party payors to designate a licensed medical director for its coverage decisions.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5813 was substituted for Senate Bill No. 5813 and the substitute bill was placed on second reading and read the second time.
Senator Thibaudeau moved that the following striking amendment by Senators Thibaudeau and Deccio be adopted:
On page 1, strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 48.43 RCW to read as follows:
Any carrier that offers a health plan and any self-insured health plan subject to the jurisdiction of Washington state shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.
Sec. 2. RCW 51.04.020 and 1994 c 164 s 24 are each amended to read as follows:
The director shall:
(1) Establish and adopt rules governing the administration of this title;
(2) Ascertain and establish the amounts to be paid into and out of the accident fund;
(3) Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency;
(4) Supervise the medical, surgical, and hospital treatment to the intent that it may be in all cases efficient and up to the recognized standard of modern surgery;
(5) Issue proper receipts for moneys received and certificates for benefits accrued or accruing;
(6) Investigate the cause of all serious injuries and report to the governor from time to time any violations or laxity in performance of protective statutes or regulations coming under the observation of the department;
(7) Compile statistics which will afford reliable information upon which to base operations of all divisions under the department;
(8) Make an annual report to the governor of the workings of the department;
(9) Be empowered to enter into agreements with the appropriate agencies of other states relating to conflicts of jurisdiction where the contract of employment is in one state and injuries are received in the other state, and insofar as permitted by the Constitution and laws of the United States, to enter into similar agreements with the provinces of Canada; and
(10) Designate a medical director who is licensed under chapter 18.57 or 18.71 RCW.
Sec. 3. RCW 51.14.030 and 1977 ex.s. c 323 s 10 are each amended to read as follows:
The director may issue a certification that an employer is qualified as a self-insurer when such employer meets the following requirements:
(1) He or she has fulfilled the requirements of RCW 51.14.020.
(2) He or she has submitted to the department a payroll report for the preceding consecutive twelve month period.
(3) He or she has submitted to the department a sworn itemized statement accompanied by an independent audit of the employer's books demonstrating to the director's satisfaction that the employer has sufficient liquid assets to meet his or her estimated liabilities as a self-insurer.
(4) He or she has demonstrated to the department the existence of the safety organization maintained by him or her within his or her establishment that indicates a record of accident prevention.
(5) He or she has submitted to the department a description of the administrative organization to be maintained by him or her to manage industrial insurance matters including:
(a) The reporting of injuries;
(b) The authorization of medical care;
(c) The payment of compensation;
(d) The handling of claims for compensation;
(e) The name and location of each business location of the employer; ((and))
(f) The qualifications of the personnel of the employer to perform this service; and
(g) The designation of a medical director who is licensed under chapter 18.57 or 18.71 RCW.
Such certification shall remain in effect until withdrawn by the director or surrendered by the employer with the approval of the director. An employer's qualification as a self-insurer shall become effective on the date of certification or any date specified in the certificate after the date of certification.
Sec. 4. RCW 74.09.050 and 1979 c 141 s 335 are each amended to read as follows:
The secretary shall appoint such professional personnel and other assistants and employees, including professional medical screeners, as may be reasonably necessary to carry out the provisions of this chapter. The medical screeners shall be supervised by one or more physicians who shall be appointed by the secretary or his designee. The secretary shall appoint a medical director who is licensed under chapter 18.57 or 18.71 RCW.
NEW SECTION. Sec. 5. A new section is added to chapter 41.05 RCW to read as follows:
The administrator shall designate a medical director who is licensed under chapter 18.57 or 18.71 RCW."
POINT OF INQUIRY
Senator Deccio: “Senator Thibaudeau, is it the intent of this amendment to establish new risks of civil liability for medical directors of health plans?”
Senator Thibaudeau: “No, this amendment merely establishes an objective standard to show the skill, training and expertise required for a medical director. The amendment does not mean that a medical director is subject to new liabilities for professional negligence.”
Further debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Thibaudeau and Deccio to Substitute Senate Bill No. 5813.
The motion by Senator Thibaudeau carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, on line 2 of the title, after "accountability;", strike all material through "RCW" on line 3, and insert "amending RCW 51.04.020, 51.14.030 and 74.09.050; adding a new section to chapter 48.43 RCW; and adding a new section to chapter 41.05 RCW"
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5813 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. 5813.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5813 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator Bauer - 1. Excused: Senators Johnson and Sellar - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 5813, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5929, deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: “For purposes of ruling on the point of order by Senator West concerning the number of votes necessary to pass Substitute Senate Bill No. 5929, the President finds that Referendum 49 did two things primarily: First, lowered the motor vehicle excise tax payable by motor vehicle owners; and, Second, shifted motor vehicle excise tax revenues from the general fund to the motor vehicle fund for transportation purposes.
“Substitute Senate Bill No. 5929 does not increase the amount of motor vehicle excise tax payable by motor vehicle owners. Section one of the measure authorizes municipalities to collect a higher percentage of motor vehicle excise tax, but this amount would be offset by a reduction in the amount collected by the state.
“Substitute Senate Bill No. 5929 does not shift motor vehicle excise tax revenues away from the motor vehicle fund or away from transportation purposes. The measure simply redistributes a share of local motor vehicle tax revenues among local transit agencies, the public transportation capital account and the transportation fund.
“The President, therefore, finds under Article II, Section 1(c) of the State Constitution, that Substitute Senate Bill No. 5929 does not amend Referendum 49 and requires only a simple majority vote 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. 5929.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5929 and the bill passed the Senate by the following vote:
Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 31. Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 16. Excused: Senators Johnson and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5929, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 5989, by Senators Haugen, Morton and Rasmussen
Adjusting aircraft registration fees and tax distribution.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5989 was substituted for Senate Bill No. 5989 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5989 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. 5989.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5989 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 42. Voting nay: Senators Benton, Roach, Rossi, West and Zarelli - 5. Excused: Senators Johnson and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5989, 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. 5059, by Senators Brown and Morton
Allowing counties to assess impact fees to cover the costs associated with the transport of radioactive waste over their roadways.
MOTIONS
On motion of Senator Fraser, Substitute Senate Bill No. 5059 was substituted for Senate Bill No. 5059 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5059 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. 5059.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5059 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45. Voting nay: Senators Benton and Zarelli - 2. Excused: Senators Johnson and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5059, 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. 5911, by Senators Eide, Hochstatter and McAuliffe
Changing school director eligibility provisions.
The bill was read the second time.
MOTION
On motion of Senator Eide, the rules were suspended, Senate Bill No. 5911 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. 5911.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5911 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator McCaslin - 1. Excused: Senators Johnson and Sellar - 2. SENATE BILL NO. 5911, 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 West: “A parliamentary inquiry, Mr. President. On your ruling on Substitute Senate Bill No. 5929, which I do not challenge, Sir, I wonder if you might further enlighten the body and elucidate on that opinion. Within the language of the bill, it clearly states, 'RCW 35.58.273 and 1998 Chapter 321, Section 25, Referendum Bill No. 49 are each amended to read as follows,' and it is based on that language that I brought the inquiry asking the determination to be made. Mr. President, if you would further enlighten us as to how that particular language could be ignored in your ruling, I would appreciate it.”
FURTHER RULING BY THE PRESIDENT ON SUBSTITUTE SENATE BILL NO. 5929
President Owen: “In responding to Senator West’s point of parliamentary inquiry, the President notes that although Substitute Senate Bill No. 5929 does address sections that were part of Referendum 49, the substantive law made in Referendum 49 was not itself amended. The President would like the members to know that he will look to substance rather than form in ruling on whether a measure amends an initiative or referendum, just as the President looks to the substance of a bill rather than its title in ruling on scope and object.”
MOTION
On motion of Senator Franklin, Senator Bauer was excused.
SECOND READING
SENATE BILL NO. 5593, by Senators McAuliffe, Eide, Loveland, Rasmussen, B. Sheldon and Winsley (by request of Governor Locke)
Creating the Washington professional educator standards board.
MOTIONS
On motion of Senator McAuliffe, Substitute Senate Bill No. 5593 was substituted for Senate Bill No. 5593 and the substitute bill was
placed on second reading and read the second time.
Senator Finkbeiner moved that the following amendments by Senators Finkbeiner and McAuliffe be considered simultaneously and be adopted:
On page 6, after line 30, insert the following:
"NEW SECTION. Sec. 5. In the 2000 supplemental budget for the 1999-2001 biennium, the budget for the state board of education shall be adjusted by an appropriate amount that reflects the reduction in its duties as a result of sections 3 and 4 of this act."
On page 8, line 6, strike "after August 31, 1992," and insert ((after August 31, 1992,))"
On page 8, line 21, strike "after August 31, 1992" and insert ((after August 31, 1992))"
On page 12, after line 20, insert the following:
"NEW SECTION. Sec. 14. Sections 1, 2 and 13 of this act take effect July 1, 1999. Sections 3 through 12 of this act take effect January 1, 2000."
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 amendments by Senators Finkbeiner and McAuliffe on page 6, after line 30; page 8, lines 6 and 21, and page 12, after line 20; to Substitute Senate Bill No. 5593.
The motion by Senator Finkbeiner carried and the amendments were adopted.
MOTIONS
On motion of Senator McAuliffe, the following title amendment was adopted:
On page 1, line 4 of the title, after "RCW;" strike the remaining material and insert "creating new sections; and providing effective dates."
On motion of Senator McAuliffe, the rules were suspended, Engrossed Substitute Senate Bill No. 5593 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. 5593.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5593 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 1; Excused, 3.
Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Thibaudeau, Winsley and Wojahn - 32. Voting nay: Senators Benton, Deccio, Haugen, Hochstatter, Honeyford, Horn, Roach, Sheahan, Spanel, Stevens, Swecker, West and Zarelli - 13. Absent: Senator McCaslin - 1. Excused: Senators Bauer, Johnson and Sellar - 3. ENGROSSED SUBSTITUTE SENATE BILL NO. 5593, 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. 5720, by Senators Shin, Sheahan, Kohl-Welles, Finkbeiner, Prentice, Horn, T. Sheldon, Kline, Jacobsen, West and Oke
Promoting cooperative real estate research.
The bill was read the second time.
MOTION
Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Shin be adopted:
On page 2, after line 14, insert the following:
"(a) Conduct studies and research on affordable housing and strategies to meet the affordable housing needs of the state;"
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-Welles and Shin on page 2, after line 14, to Senate Bill No. 5720.
The motion by Senator Kohl-Welles carried and the amendment was adopted.
MOTION
Senator Kohl-Welles moved that the following amendment by Senators Kohl-Welles and Shin be adopted:
On page 2, line 38, after the word "section" insert the following:
and that has a broad-based advisory board with representatives from the real estate industry, building and construction industry, financial institutions, local governments, and nonprofit organizations that are directly involved in the provision of affordable housing. No single interest group may constitute more than thirty percent of the membership of the advisory board."
Renumber the sections consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Sheahan: “Thank you, Mr. President, I rise to a point of order. I submit that the amendment proposed by Senators Kohl-Welles and Shin changes the scope and object of Senate Bill No. 5720 and, therefore, violates Senate Rule 66. The underlying bill sets up an account where monies can be deposited that are collected from the real estate industry. The proposed amendment deals with setting up an advisory board. It seems to me that it has nothing to do with the underlying bill and, therefore, is not under the scope of the bill.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 5720 was deferred.
SECOND READING
SENATE BILL NO. 5210, by Senators Stevens, Hargrove, Long, Zarelli, Patterson and Franklin
Altering shelter care laws.
MOTIONS
On motion of Senator Costa, Second Substitute Senate Bill No. 5210 was substituted for Senate Bill No. 5210 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Costa, the rules were suspended, Second Substitute Senate Bill No. 5210 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 Franklin, Senators Eide and Thibaudeau were excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5210.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5210 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Brown, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43. Absent: Senator Kline - 1. Excused: Senators Bauer, Eide, Johnson, Sellar and Thibaudeau - 5. SECOND SUBSTITUTE SENATE BILL NO. 5210, 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. 5270, by Senators Prentice, Roach, Heavey, Costa and Winsley
Clarifying the requirement to publish minimum wage rates in contract documents.
The bill was read the second time.
MOTION
On motion of Senator Fairley, the rules were suspended, Senate Bill No. 5270 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. 5270.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5270 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 17; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Long, McCaslin, McDonald, Morton, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 17. Absent: Senator Kline - 1. Excused: Senators Johnson and Sellar - 2.
SENATE BILL NO. 5270, 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 Kline was excused.
SECOND READING
SENATE BILL NO. 5378, by Senators Wojahn, Fairley and Oke (by request of Department of Social and Health Services)
Changing service of process provisions for divisions of child support documents.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5378 was substituted for Senate Bill No. 5378 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5378 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 Second Substitute Senate Bill No. 5378.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44. Absent: Senator Loveland - 1. Excused: Senators Bauer, Johnson, Kline and Sellar - 4. SUBSTITUTE SENATE BILL NO. 5378, 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 Brown, Senator Fairley was excused.
CONGRATULATIONS TO SENATOR JOHNSON
The President congratulated Senator Johnson, who just returned from visiting his new granddaughter Kelsey Lynn Johnson.
SECOND READING
SENATE BILL NO. 5074, by Senators Roach, Honeyford, T. Sheldon, Johnson and Rasmussen
Establishing the crime of mail theft or receipt of stolen mail.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5074 was substituted for Senate Bill No. 5074 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5074 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. 5074.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5074 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Excused: Senators Bauer, Fairley and Sellar - 3. SUBSTITUTE SENATE BILL NO. 5074, 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. 5893, by Senators Haugen, Sellar, Spanel, McCaslin, Prentice, Loveland, Winsley and Oke
Requiring the disclosure of the physical address of a business advertising in a telephone directory.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5893 was substituted for Senate Bill No. 5893 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 5893 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. 5893.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5893 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Excused: Senators Bauer, Fairley and Sellar - 3. SUBSTITUTE SENATE BILL NO. 5893, 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. 5480, by Senators Patterson, Hargrove, Long, Eide, Franklin, Shin, McCaslin, Haugen, Goings, Gardner, Prentice, Kline, T. Sheldon, Wojahn, Benton, Spanel, B. Sheldon, Bauer, McAuliffe, Jacobsen, Rossi, Horn, Johnson, West, Winsley, Oke and Rasmussen
Requiring identification of drug-affected infants and providing treatment services to their mothers.
MOTIONS
On motion of Senator Hargrove, Substitute Senate Bill No. 5480 was substituted for Senate Bill No. 5480 and the substitute bill was placed on second reading and read the second time.
Senator Patterson moved that the following striking amendment be adopted:Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.34.030 and 1998 c 130 s 1 are each amended to read as follows:
For purposes of this chapter:
(1) "Chemical dependency treatment" means a service certified by the department as qualified in helping individuals successfully recover from the nonprescription use of controlled substances.
(2) "Child" and "juvenile" means any individual under the age of eighteen years.
(((2))) (3) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree, a permanent custody order, or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest. If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.
(((3))) (4) "Department" means the department of social and health services.
(5) "Dependency finding" means a determination by the court that a child is a dependent child.
(6) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.
(((4))) (7) "Dependency petition" means a petition filed under this chapter.
(8) "Dependent child" means any child:
(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so. If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;
(b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child; or
(c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development.
(((5))) (9) "Drug-affected infant" has the definition created by the department of health in conjunction with the department of social and health services under RCW 13.34.801 and the infant requires treatment for withdrawal from controlled substances the infant was exposed to from the mother's use of nonprescription controlled substances or the infant requires treatment and services related to conditions that extend beyond the point of withdrawal.
(10) "Family planning" means the process of limiting or spacing the birth of children, education, counseling, information, and services. "Family planning" does not include pregnancy termination.
(11) "Guardian" means the person or agency that: (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment. The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.
(((6))) (12) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter. A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.
(((7))) (13) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent. Such management shall include but is not limited to: Recruitment, screening, training, supervision, assignment, and discharge of volunteers.
(((8))) (14) "Newborn infant" means an infant within seven days after birth.
(15) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
(((9))) (16) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.
(17) "Test" means use of a medically accepted standard of care for determining whether a newborn infant is a drug-affected infant.
NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:
In an effort to reduce the harmful effects of drug-affected infants:
(1)(a) A woman's primary health care provider shall:
(i) Screen pregnant and lactating women for nonprescription use of controlled substances while pregnant. Screening criteria may include, but is not limited to, the criteria developed by the department of health pursuant to chapter 70.83E RCW;
(ii) Convey to the infant's primary health care provider screening findings that would suggest the need for testing of the infant, or conduct the testing; and
(iii) Inform each woman identified by screening for testing of her infant that if her infant is born drug-affected she can have a tubal ligation at no cost to her within six months following the birth if she is eligible for support under RCW 74.09.310, and how to access appropriate chemical dependency treatment.
(b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.
(2)(a) The health care provider of a newborn infant shall:
(i) Test any infant the provider reasonably believes is drug-affected; and
(ii) Notify the department of the name and address of the parent or parents of a drug-affected infant.
(b) The provider shall not be liable for a decision regarding testing or reporting unless the decision amounts to gross negligence or intentional misconduct.
(3) The department shall investigate all reports received under this section.
NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:
When an infant is determined to be a first drug-affected infant, the department shall file a dependency petition in appropriate cases. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.
(1) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:
(a) Specify completion dates for each of the conditions of treatment;
(b) Expire within twelve months of the date of execution; and
(c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely beyond the control of the mother.
(2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.
(3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.
(4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.
(5) The department or any party to the petition may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.
(6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment.
NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:
When an infant is determined to be a second drug-affected infant, the department shall file a dependency petition for the second drug-affected infant unless compelling reasons exist to the contrary. The department may proceed immediately with a dependency petition on the first drug-affected infant. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.
(1) The department and the mother may enter an agreement in which the mother agrees to inpatient chemical dependency treatment unless the department determines outpatient treatment is in the best interest of the child and participation in a model project developed under RCW 13.34.800 for aftercare services if the model project is available. The mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days. In addition, the agreement shall:
(a) Specify completion dates for each of the conditions of treatment;
(b) Expire within twelve months of the date of execution; and
(c) Not be renegotiated or extended beyond twelve months of the date of execution unless the conditions, which were negotiated, cannot be fulfilled in twelve months and the reason the conditions cannot be fulfilled are completely outside the control of the mother.
(2) If the department has filed a dependency petition and the department and the mother enter an agreement under subsection (1) of this section, the department shall request the court defer entry of a dependency finding for as long as the mother abides by the terms of the agreement subject to the department's monitoring compliance.
(3) As a condition of deferral of the dependency finding, the parties shall stipulate to facts sufficient to constitute a dependency. In the event a party unreasonably refuses to stipulate to facts sufficient to constitute a dependency, the court may proceed with hearings on the petition.
(4) If the court orders deferral of the dependency finding, the court shall order performance of the agreement and shall prohibit nonprescription use of controlled substances.
(5) The department or the mother may request the court dismiss a deferred finding at any time if the mother demonstrates by clear and convincing evidence that she has not used controlled substances for at least twelve consecutive months unless the court finds compelling reasons to shorten the time after consulting with the substance abuse provider, but under no circumstances less than six months, and she can safely provide for the child's welfare without continuing supervision by the department or court.
(6) In the event the department does not file a petition or enter an agreement, the department shall refer the mother to available chemical dependency treatment programs.
NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:
Unless compelling reasons exist to the contrary, the department shall file a dependency petition when an infant is determined to be a third or subsequent drug-affected infant. Unless compelling reasons exist to the contrary, the department shall proceed with dependency petitions on all drug-affected children born before the third or subsequent birth. The drug-affected status of an infant is not by itself sufficient to establish a finding that the drug-affected infant is dependent.
(1) The court shall order evaluation by a designated chemical dependency specialist, as defined in RCW 70.96A.020, who shall undertake the processes described in RCW 70.96A.140. If the mother enters chemical dependency treatment, the mother must be offered education regarding family planning and medically appropriate pharmaceutical pregnancy prevention during the course of chemical dependency treatment with a preference for those methods administered not less than once every thirty days.
(2) If the court has ordered removal of a child or children, the out-of-home placement order shall remain in effect until the petition is dismissed or the mother has successfully completed inpatient chemical dependency treatment and an aftercare chemical dependency treatment program unless compelling reasons exist to the contrary. The mother must establish to the court that she can safely provide for the welfare of her child or children.
NEW SECTION. Sec. 6. A new section is added to chapter 13.34 RCW to read as follows:
Nothing in sections 2 through 5 of this act may be interpreted to prohibit or compel action in the best interests of the child by the department independent from the drug-affected status of an infant.
NEW SECTION. Sec. 7. A new section is added to chapter 13.34 RCW to read as follows:
Notwithstanding sections 2 through 5 of this act, no provider of chemical dependency treatment services may be required by law or contract in any circumstance to participate in the provision of family planning services if the provider objects to so doing for reasons of conscience or religion. Each provider of chemical dependency treatment that invokes the exemption provided under this section shall promptly provide written notice to persons admitted to treatment listing the family planning services the provider refuses to provide for the reason of conscience or religion and how a person admitted to treatment may access family planning in an expeditious manner. When negotiating contracts for chemical dependency treatment services, the department shall prioritize contracted services under sections 3 through 5 of this act for the purpose of maximizing the number of providers who can show effective measurable outcomes in reducing chemical dependency and the birth of drug-affected infants through effective treatment regardless of whether or not they provide family planning services.
Sec. 8. RCW 13.34.070 and 1993 c 358 s 1 are each amended to read as follows:
(1) Upon the filing of the petition, the clerk of the court shall issue a summons, one directed to the child, if the child is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition. If the child is developmentally disabled and not living at home, the notice shall be given to the child's custodian as well as to the child's parent. The developmentally disabled child shall not be required to appear unless requested by the court. Where the custodian is summoned, the parent or guardian or both shall also be served with a summons. The fact-finding hearing on the petition shall be held no later than seventy-five days after the filing of the petition, unless exceptional reasons for a continuance are found. In cases of a drug-affected infant, exceptional reasons for a continuance exist if the mother and the department have executed an agreement that will take more than seventy-five days to fulfill. The party requesting the continuance shall have the burden of proving by a preponderance of the evidence that exceptional circumstances do exist. To ensure that the hearing on the petition occurs within the seventy-five day time limit, the court shall schedule and hear the matter on an expedited basis.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall advise the parties of the right to counsel. The summons shall also inform the child's parent, guardian, or legal custodian of his or (([her])) her right to appointed counsel, if indigent, and of the procedure to use to secure appointed counsel.
(4) The summons shall advise the parents that they may be held responsible for the support of the child if the child is placed in out-of-home care.
(5) The judge may endorse upon the summons an order directing any parent, guardian, or custodian having the custody or control of the child to bring the child to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the child needs to be taken into custody pursuant to RCW 13.34.050, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the child into custody and take him to the place of shelter designated by the court.
(7) If the person summoned as provided in this section is subject to an order of the court pursuant to subsection (5) or (6) of this section, and if the person fails to abide by the order, he may be proceeded against as for contempt of court. The order endorsed upon the summons shall conspicuously display the following legend:
NOTICE:
VIOLATION OF THIS ORDER
IS SUBJECT TO PROCEEDING
FOR CONTEMPT OF COURT
PURSUANT TO RCW 13.34.070.
(8) If a party to be served with a summons can be found within the state, the summons shall be served upon the party personally as soon as possible following the filing of the petition, but in no case later than fifteen court days before the fact-finding hearing, or such time as set by the court. If the party is within the state and cannot be personally served, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by mailing a copy thereof by certified mail as soon as possible following the filing of the petition, but in no case later than fifteen court days before the hearing, or such time as set by the court. If a party other than the child is without the state but can be found or the address is known, or can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to the party personally or by mailing a copy thereof to the party by certified mail at least ten court days before the fact-finding hearing, or such time as set by the court.
(9) Service of summons may be made under the direction of the court by any person eighteen years of age or older who is not a party to the proceedings or by any law enforcement officer, probation counselor, or department of social and health services social worker.
(10) In any proceeding brought under this chapter where the court knows or has reason to know that the child involved is a member of an Indian tribe, notice of the pendency of the proceeding shall also be sent by registered mail, return receipt requested, to the child's tribe. If the identity or location of the tribe cannot be determined, such notice shall be transmitted to the secretary of the interior of the United States.
Sec. 9. RCW 13.34.130 and 1998 c 314 s 2 and 1998 c 130 s 2 are each reenacted and amended to read as follows:
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030; after consideration of the predisposition report prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
(1) The court shall order one of the following dispositions of the case:
(a) Order a disposition other than removal of the child from his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In selecting a program, the court should choose those services that least interfere with family autonomy, provided that the services are adequate to protect the child.
(b) Order that the child be removed from his or her home and ordered into the custody, control, and care of a relative or the department of social and health services or a licensed child placing agency for placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or in a home not required to be licensed pursuant to chapter 74.15 RCW. Unless there is reasonable cause to believe that the safety or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, such child shall be placed with a person who is related to the child as defined in RCW 74.15.020(((4))) (2)(a) and with whom the child has a relationship and is comfortable, and who is willing and available to care for the child. Placement of the child with a relative under this subsection shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services that have been provided to the child and the child's parent, guardian, or legal custodian, and that preventive services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:
(i) There is no parent or guardian available to care for such child;
(ii) The parent, guardian, or legal custodian is not willing to take custody of the child;
(iii) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger; or
(iv) The extent of the child's disability is such that the parent, guardian, or legal custodian is unable to provide the necessary care for the child and the parent, guardian, or legal custodian has determined that the child would benefit from placement outside of the home.
(2) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the court finds: (a) Termination is recommended by the supervising agency; (b) termination is in the best interests of the child; and (c) that because of the existence of aggravated circumstances, reasonable efforts to unify the family are not required. Notwithstanding the existence of aggravated circumstances, reasonable efforts may be required if the court or department determines it is in the best interest of the child. In determining whether aggravated circumstances exist, the court shall consider one or more of the following:
(i) Conviction of the parent of rape of the child in the first, second, or third degree as defined in RCW 9A.44.073, 9A.44.076, and 9A.44.079;
(ii) Conviction of the parent of criminal mistreatment of the child in the first or second degree as defined in RCW 9A.42.020 and 9A.42.030;
(iii) Conviction of the parent of one of the following assault crimes, when the child is the victim: Assault in the first or second degree as defined in RCW 9A.36.011 and 9A.36.021 or assault of a child in the first or second degree as defined in RCW 9A.36.120 or 9A.36.130;
(iv) Conviction of the parent of murder, manslaughter, or homicide by abuse of the child's other parent, sibling, or another child;
(v) Conviction of the parent of attempting, soliciting, or conspiracy to commit a crime listed in (c)(i), (ii), (iii), or (iv) of this subsection;
(vi) A finding by a court that a parent is a sexually violent predator as defined in RCW 71.09.020;
(vii) Failure of the parent to complete available treatment ordered under this chapter or the equivalent laws of another state, where such failure has resulted in a prior termination of parental rights to another child and the parent has failed to effect significant change in the interim. In the case of a parent of an Indian child, as defined in the Indian Child Welfare Act, P.L. 95-608 (25 U.S.C. (([Sec.])) Sec. 1903), the court shall also consider tribal efforts to assist the parent in completing treatment and make it possible for the child to return home;
(viii) An infant under three years of age has been abandoned as defined in RCW 13.34.030(((4))) (8)(a);
(ix) The mother has given birth to three or more drug-affected infants, resulting in the department filing a petition under ((section 23 of this act)) section 5 of this act.
(3) If reasonable efforts are not ordered under subsection (2) of this section a permanency ((plan [planning])) planning hearing shall be held within thirty days. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(4) Whenever a child is ordered removed from the child's home, the agency charged with his or her care shall provide the court with:
(a) A permanency plan of care that shall identify one of the following outcomes as a primary goal and may identify additional outcomes as alternative goals: Return of the child to the home of the child's parent, guardian, or legal custodian; adoption; guardianship; permanent legal custody; or long-term relative or foster care, until the child is age eighteen, with a written agreement between the parties and the care provider; and independent living, if appropriate and if the child is age sixteen or older. Whenever a permanency plan identifies independent living as a goal, the plan shall also specifically identify the services that will be provided to assist the child to make a successful transition from foster care to independent living. Before the court approves independent living as a permanency plan of care, the court shall make a finding that the provision of services to assist the child in making a transition from foster care to independent living will allow the child to manage his or her financial affairs and to manage his or her personal, social, educational, and nonfinancial affairs. The department shall not discharge a child to an independent living situation before the child is eighteen years of age unless the child becomes emancipated pursuant to chapter 13.64 RCW.
(b) Unless the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to return the child home, and what actions the agency will take to maintain parent-child ties. All aspects of the plan shall include the goal of achieving permanence for the child.
(i) The agency plan shall specify what services the parents will be offered in order to enable them to resume custody, what requirements the parents must meet in order to resume custody, and a time limit for each service plan and parental requirement.
(ii) The agency shall be required to encourage the maximum parent-child contact possible, including regular visitation and participation by the parents in the care of the child while the child is in placement. Visitation may be limited or denied only if the court determines that such limitation or denial is necessary to protect the child's health, safety, or welfare.
(iii) A child shall be placed as close to the child's home as possible, preferably in the child's own neighborhood, unless the court finds that placement at a greater distance is necessary to promote the child's or parents' well-being.
(iv) The agency charged with supervising a child in placement shall provide all reasonable services that are available within the agency, or within the community, or those services which the department of social and health services has existing contracts to purchase. It shall report to the court if it is unable to provide such services.
(c) If the court has ordered, pursuant to subsection (2) of this section, that a termination petition be filed, a specific plan as to where the child will be placed, what steps will be taken to achieve permanency for the child, services to be offered or provided to the child, and, if visitation would be in the best interests of the child, a recommendation to the court regarding visitation between parent and child pending a fact-finding hearing on the termination petition. The agency shall not be required to develop a plan of services for the parents or provide services to the parents.
(5) If the court determines that the continuation of reasonable efforts to prevent or eliminate the need to remove the child from his or her home or to safely return the child home should not be part of the permanency plan of care for the child, reasonable efforts shall be made to place the child in a timely manner and to complete whatever steps are necessary to finalize the permanent placement of the child.
(6) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative, the child shall remain in foster care and the court shall direct the supervising agency to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives, pursuant to this section, shall be contingent upon cooperation by the relative with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's home, subject to review by the court.
(7) Except for children whose cases are reviewed by a citizen review board under chapter 13.70 RCW, the status of all children found to be dependent shall be reviewed by the court at least every six months from the beginning date of the placement episode or the date dependency is established, whichever is first, at a hearing in which it shall be determined whether court supervision should continue. The review shall include findings regarding the agency and parental completion of disposition plan requirements, and if necessary, revised permanency time limits. The supervising agency shall provide a foster parent, preadoptive parent, or relative with notice of, and their right to an opportunity to be heard in, a review hearing pertaining to the child, but only if that person is currently providing care to that child at the time of the hearing. This section shall not be construed to grant party status to any person who has been provided an opportunity to be heard.
(a) A child shall not be returned home at the review hearing unless the court finds that a reason for removal as set forth in this section no longer exists. The parents, guardian, or legal custodian shall report to the court the efforts they have made to correct the conditions which led to removal. If a child is returned, casework supervision shall continue for a period of six months, at which time there shall be a hearing on the need for continued intervention.
(b) If the child is not returned home, the court shall establish in writing:
(i) Whether reasonable services have been provided to or offered to the parties to facilitate reunion, specifying the services provided or offered;
(ii) Whether the child has been placed in the least-restrictive setting appropriate to the child's needs, including whether consideration and preference has been given to placement with the child's relatives;
(iii) Whether there is a continuing need for placement and whether the placement is appropriate;
(iv) Whether there has been compliance with the case plan by the child, the child's parents, and the agency supervising the placement;
(v) Whether progress has been made toward correcting the problems that necessitated the child's placement in out-of-home care;
(vi) Whether the parents have visited the child and any reasons why visitation has not occurred or has been infrequent;
(vii) Whether additional services are needed to facilitate the return of the child to the child's parents; if so, the court shall order that reasonable services be offered specifying such services; and
(viii) The projected date by which the child will be returned home or other permanent plan of care will be implemented.
(c) The court at the review hearing may order that a petition seeking termination of the parent and child relationship be filed.
Sec. 10. RCW 74.09.310 and 1998 c 314 s 34 are each amended to read as follows:
The department may make available, or cause to be made available, pharmaceutical birth control services, information, and counseling to any person who enters chemical dependency treatment under ((section 20 or 21 of this act)) sections 3 through 5 of this act. Within available funds, the department may pay for any tubal ligations requested under ((section 19 of this act)) section 2 of this act if the mother's income is less than two hundred percent of the federal poverty level. The department shall report by December 1st of each year to the governor and legislature: (1) The number of tubal ligations performed as a result of ((chapter 314, Laws of 1998)) this act; (2) the number of women who decline to undergo the surgery; (3) the number of women who obtain pharmaceutical birth control, by type of birth control; and (4) the number of women who are reported to the department.
Sec. 11. RCW 18.71.950 and 1998 c 314 s 36 are each amended to read as follows:
(((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, a physician licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.
(((2) This section expires June 30, 2002.))
Sec. 12. RCW 18.57.920 and 1998 c 314 s 37 are each amended to read as follows:
(((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an osteopath licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.
(((2) This section expires June 30, 2002.))
Sec. 13. RCW 18.79.903 and 1998 c 314 s 38 are each amended to read as follows:
(((1))) Nothing in ((section 19 of this act)) sections 2 through 5 of this act imposes any additional duties or responsibilities on, or removes any duties or responsibilities from, an advanced registered nurse practitioner licensed under this chapter, except as specifically included in chapter 13.34 RCW ((and RCW 70.96A.330)) and RCW 74.09.310.
(((2) This section expires June 30, 2002.))
NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:
(1) RCW 18.57.930 (Application--1998 c 314) and 1998 c 314 s 43;
(2) RCW 18.71.960 (Application--1998 c 314) and 1998 c 314 s 42;
(3) RCW 18.79.904 (Application--1998 c 314) and 1998 c 314 s 44;
(4) RCW 70.96A.330 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 33; and
(5) RCW 70.96A.340 (Treatment programs and model projects--Provision of family planning) and 1998 c 314 s 41.
NEW SECTION. Sec. 15. This act applies only to drug-affected infants born on or after the effective date of this act.
NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 17. The Washington institute for public policy shall evaluate the outcomes of this act and report its findings to the legislature and governor not later than December 1, 2001. The evaluation shall include:
(1) The number of women who use nonprescription controlled substances during pregnancy and give birth to drug-affected infants;
(2) The number of women who use nonprescription controlled substances during pregnancy and give birth to subsequent drug-affected infants;
(3) The number of women who accept pharmaceutical pregnancy prevention while in chemical dependency treatment;
(4) The number of women who continue to engage in pharmaceutical pregnancy prevention or other reliable pregnancy prevention methods after concluding chemical dependency treatment;
(5) The number of women who accept the offer of free tubal ligation;
(6) The rate of successful completion of chemical dependency treatment among women who enter treatment under this act;
(7) The number of dependencies filed and deferred under this act and outcomes of the deferrals; and
(8) A description of the mother's chemical dependency including identification of the drugs and/or alcohol abused."
MOTION
Senator Benton moved that the following amendment to the striking amendment by Senator Patterson be adopted:
On page 1, on line 12, after “nonprescription” insert “or prescription”
Debate ensued.
MOTION TO WITHDRAW AMENDMENT TO AMENDMENT
There being no objection, on motion of Senator Benton, the amendment on page 1, line 12, to the striking amendment to Substitute Senate Bill No. 5480 was withdrawn.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Patterson to Substitute Senate Bill No. 5480.
The motion by Senator Patterson carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Patterson, the following title amendment was adopted:
On page 1, line 1 of the title, after "infants;" strike the remainder of the title and insert "amending RCW 13.34.030, 13.34.070, 74.09.310, 18.71.950, 18.57.920, and 18.79.903; reenacting and amending RCW 13.34.130; adding new sections to chapter 13.34 RCW; creating new sections; and repealing RCW 18.57.930, 18.71.960, 18.79.904, 70.96A.330, and 70.96A.340."
On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 5480 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. 5480.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5480 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Excused: Senators Bauer, Fairley and Sellar - 3. ENGROSSED SUBSTITUTE SENATE BILL NO. 5480, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Senate Bill No. 5720, deferred on second reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Sheahan to the scope and object of the amendment by Senators Kohl-Welles and Shin on page 2, line 38, the President finds that Senate Bill No. 5720 is a measure which concerns the creation, operation, whereabouts, funding, and purpose of a real estate research center.
“The amendment by Senators Kohl-Welles and Shin would provide for an advisory board for the center. The President finds that the amendment is related to the creation and operation of the center.
“The President, therefore, finds that the amendment does not change the scope and object of the bill and the point of order is not well taken.”
The amendment by Senators Kohl-Welles and Shin on page 2, line 38, to Senate Bill No. 5720 was ruled in order.
MOTION TO WITHDRAW AMENDMENT
There being no objection, on motion of Senator Kohl-Welles, the amendment on page 2, line 38, by Senators Kohl-Welles and Shin to Senate Bill No. 5720 was withdrawn.
MOTION
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Senate Bill No. 5720 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. 5720.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5720 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 7; Absent, 0; Excused, 2.
Voting yea: Senators Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 40. Voting nay: Senators Benton, Brown, Kline, McCaslin, Prentice, Wojahn and Zarelli - 7. Excused: Senators Bauer and Sellar - 2. ENGROSSED SENATE BILL NO. 5720, 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. 5843, by Senators Prentice and Winsley
Concerning the housing finance commission.
The bill was read the second time.
MOTIONS
On motion of Senator Prentice, the following amendment by Senators Prentice and Winsley was adopted:
On page 3, after line 2, insert the following:
"Sec. 2. RCW 43.180.160 and 1996 c 310 s 2 are each amended to read as follows:
The total amount of outstanding indebtedness of the commission may not exceed ((two)) three billion dollars at any time. The calculation of outstanding indebtedness shall include the initial principal amount of an issue and shall not include interest that is either currently payable or that accrues as a part of the face amount of an issue payable at maturity or earlier redemption. Outstanding indebtedness shall not include notes or bonds as to which the obligation of the commission has been satisfied and discharged by refunding or for which payment has been provided by reserves or otherwise.
"On motion of Senator Prentice, the following title amendment was adopted:
On page 1, line 2 of the title, after "43.180.070" insert "and 43.180.160"
MOTION
On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5843 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. 5843.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5843 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator Brown - 1. Excused: Senators Bauer and Sellar - 2. ENGROSSED SENATE BILL NO. 5843, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Benton: “I rise to a point of personal privilege, Mr. President. Last night, just shortly before we adjourned, there was an
announcement concerning March 15 and the concern of some construction dates and some road projects which were in the supplemental budget. I know many of you, since that announcement, have come up to me during the day today and asked me about your projects that were in your districts and you were very concerned about them. I can understand that. I just received information that I have had distributed to each of the Senators, on their desks, that points out one of the eleven projects was deleted because it wasn't ready for the spring advertising date and four of them have been moved back.
“This was done by the Department of Transportation, because they weren't ready to go to bid. They thought they would be, but they weren't. So, they were not ready to go to bid and so the dates have slipped on these projects due to the department itself. We were also informed that the remaining projects will go ahead and go to bid based on information received from John Conrad, the assistant Secretary of Field Operations--because these projects are typically handled when we don't normally do a supplemental budget--is what happens. We normally handle these projects in the regular transportation budget and give advance authority and so the department has said that these projects will go on to bid as planned. I just wanted to clarify that and give you this documentation for that”.
POINT OF ORDER
Senator Jacobsen: “A point of order. Was that a point of personal privilege or was that a speech?”
REPLY BY THE PRESIDENT
President Owen: “Well, it is walking pretty close to the line from being a speech, I have to admit.”
MOTION
At 3:58 p.m, on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 4:59 p.m. by President Owen.
SECOND READING
SENATE BILL NO. 5029, by Senators Franklin, Winsley, Roach, Jacobsen, Long, Fraser, Bauer and Rasmussen (by request of Joint Committee on Pension Policy)
Establishing membership in the public employees' retirement system.
MOTIONS
On motion of Senator Loveland, Substitute Senate Bill No. 5029 was substituted for Senate Bill No. 5029 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Loveland, the rules were suspended, Substitute Senate Bill No. 5029 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. 5029.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5029 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Absent: Senator Hochstatter - 1. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5029, 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. 5313, by Senators Wojahn, Zarelli, Thibaudeau, Deccio and Winsley
Limiting the scope of mental health record audits.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 5313 was substituted for Senate Bill No. 5313 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5313 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. 5313.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5313 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5313, 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. 5201, by Senators Thibaudeau and Deccio (by request of Department of Health)
Increasing fees for the production of certain records.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5201 was substituted for Senate Bill No. 5201 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Snyder, the following amendment was adopted:
On page 2, after line 22, strike all material through "date." on page 3, line 13.
MOTIONS
On motion of Senator Thibaudeau, the following title amendment was adopted:
On page 1, on line 1 of the title, after "statistics;" strike all material through "date" on line 3 and insert "and amending RCW 70.58.107"
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5201 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator Honeyford: “A point of order, Mr. President. Is this a tax or fee increase that would require a two-third vote?”
Debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Engrossed Substitute Senate Bill No. 5201 was deferred.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5492, deferred on March 15, 1999, after the motion for reconsideration carried.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5492, on reconsideration.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5492, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 20. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5492, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the sixth order of business.
MOTION
On motion of Senator Spanel, Senator Snyder was excused.
SECOND READING
SENATE BILL NO. 5560, by Senators Franklin, Deccio, Winsley and Kohl-Welles (by request of Department of Social and Health Services)
Revising provisions relating to supported employment for persons with severe disabilities.
The bill was read the second time.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5560 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. 5560.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5560 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Excused: Senators Sellar and Snyder - 2. SENATE BILL NO. 5560, 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. 5619, by Senator Jacobsen (by request of Office of Financial Management)
Increasing the assessment for forest fire protection.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5619 was substituted for Senate Bill No. 5619 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5619 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. 5619.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5619 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator Patterson - 1. Excused: Senators Sellar and Snyder - 2. SUBSTITUTE SENATE BILL NO. 5619, 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. 5518, by Senators Jacobsen, Eide, Goings and Winsley
Establishing a community outdoor athletic fields board and account to provide assistance with the repair, maintenance, or construction of community athletic fields.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5518 was substituted for Senate Bill No. 5518 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5518 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 Benton: “Senator Jacobsen, I notice that there were some soccer organizations that testified against the bill. Why would the soccer organizations be opposed to the bill and also can you tell me where the money for the athletic fund comes from? There is a dedicated
fund for athletic fields. Is that a general fund allocation or is that--where does the money come from that goes into--that these loan and grants are given from?”
Senator Jacobsen: “I'm surprised. If you look at the con in the testimony, it was not any soccer organization, it was Jean Ameluxen from CTED and Laura Johnson from IAC. The athletic organizations are supportive of it. The fund comes from--when we did the Sea Hawk bill several years ago, there were provisos in there that; One, if there was any surplus revenue after the bonds were serviced, that it go for youth athletic facilities and then at the same time, there was another proviso that when Mr. Allen signs the contract to take over--to make the arrangements--that he would write a ten million dollar check to the IAC, which he did. That is the first ten million and that won't be impacted by this, but in the future when the revenue comes in higher than the bonds, that additional money then would be in there for grants or loans. I see some possibilities in there using it like the Public Works Fund, where you give grants where you need it and sometimes you can get loans. Thank you.”
Senator Benton: “So, no general fund money?”
Senator Jacobsen: “No.”
Senator Benton: “Okay, thank you very much.”
POINT OF INQUIRY
Senator Roach: “Senator Jacobsen, this is not an antagonistic question. I am looking at the bill for the first time. Is there any provision here that there be made available for soccer fields any of the land that we have set aside for farm land preservation?”
Senator Jacobsen: “No, that was another bill. That bill is still in rules.”
Senator Roach: “Okay, so this will do nothing to act upon what the voters decided to do in King County, to preserve that land as Ag land? Thank you.”
Senator Jacobsen: “I also think that was a little bit of a red herring in the fact that once you did those purchases, that land couldn't be converted for any other purpose.”
Senator Roach: “Well, I think we have a King County Executive who would like to have some of that land and those of us out there want to make sure that that doesn't happen.”
POINT OF INQUIRY
Senator McCaslin: “Senator Jacobsen, you are getting lots of exercise there. I am supporting the bill. I am just curious about--it also added a requirement on cities to replace twice any lost athletic fields. Would that be difficult to attain? Once you lose a field, you have to have two fields or twice the area?”
Senator Jacobsen: “That was the idea of the amendment offered in committee and was adopted by the committee.”
Senator McCaslin: “Oh, if it will work, it is a great idea--if it will work.”
Senator Jacobsen: “We'll see what happens in the House.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5518.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5518 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SUBSTITUTE SENATE BILL NO. 5518, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE JOINT RESOLUTION NO. 8205, by Senator Hargrove
Requiring initiative signatures from all congressional districts.
MOTIONS
On motion of Senator Hargrove, Second Substitute Senate Joint Resolution No. 8205 was substituted for Senate Joint Resolution No. 8205 and the second substitute resolution was placed on second reading and read the second time.
On motion of Senator Hargrove, the rules were suspended, Second Substitute Senate Joint Resolution No. 8205 was advanced to third reading, the second reading considered the third and the joint resolution 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 Second Substitute Senate Joint Resolution No. 8205.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Joint Resolution No. 8205 and the joint resolution passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Rasmussen, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 36. Voting nay: Senators Fairley, Finkbeiner, Franklin, Fraser, Heavey, Kohl-Welles, Prentice, Roach, Rossi, Spanel, Thibaudeau and Wojahn - 12. Excused: Senator Sellar - 1. SECOND SUBSTITUTE SENATE JOINT RESOLUTION NO. 8205, having received the constitutional two-thirds majority, was declared passed.
SECOND READING
SENATE BILL NO. 5538, by Senators Costa, McCaslin, Heavey, Goings and Rasmussen
Clarifying sentencing requirements for certain crimes.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5538 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. 5538.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5538 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48. Excused: Senator Sellar - 1. SENATE BILL NO. 5538, 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. 5675, by Senators Thibaudeau, Patterson, Fraser, Franklin, Eide, Fairley, Kohl-Welles, Kline, Bauer, Snyder and Jacobsen
Prioritizing highway noise mitigation.
The bill was read the second time.
MOTIONS
On motion of Senator Haugen, the following Committee on Transportation amendment was adopted:
On page 3, line 1, strike all of section 6
On motion of Senator Haugen, the following title amendment was adopted:
On line 2 of the title, after "RCW;" insert "and" and after "section" strike everything through "emergency" on line 3
MOTION
On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5675 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 Jacobsen, Senator Heavey was excused.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5675.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5675 and the bill passed the Senate by the following
Yeas, 39; Nays, 7; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 39.
Voting nay: Senators Benton, Deccio, Hochstatter, Honeyford, Oke, Sheldon, T. and Zarelli - 7. Absent: Senator Stevens - 1. Excused: Senators Heavey and Sellar - 2. ENGROSSED SENATE BILL NO. 5675, 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 Snyder, Senate Rule 15 was suspended for the evening.
EDITOR'S NOTE: Senate Rule 15 states, 'When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening.'
MOTION
On motion of Senator Franklin, Senator Prentice was excused.
SECOND READING
SENATE BILL NO. 5299, by Senators Fairley, Kohl-Welles, Kline and Wojahn
Eliminating the residency requirement for TANF eligibility.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5299 was substituted for Senate Bill No. 5299 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5299 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. 5299.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5299 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 20; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 27. Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 20. Excused: Senators Prentice and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5299, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the seventh order of business.
There being no objection, the Senate resumed consideration of Engrossed Substitute Senate Bill No. 5201, deferred on third reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Honeyford concerning the number of votes necessary to pass Engrossed Substitute Senate Bill No. 5201, the President finds that the measure permits the Department of Health and local registrars to raise fees for the stated purposes of copying vital statistics and record searches. It is not clearly apparent that the raised fees are 'user fees,' because a portion of the fees are turned over to the State Treasurer and could possibly be used for general governmental purposes. As such, it is necessary to look behind the measure.
“In looking behind the statute, the President finds that although a portion of the fees raised under the statute are turned over to the State Treasurer, the fees are held by the treasurer in the general fund local account, not the general fund state account. The President also finds that currently the amount of fees collected for vital records and statistics services is not adequate to fund those services. The Vital Records and Statistics Program within the Department of Health is subsidized by the general fund.
“For these reasons, the President finds that the fees raised in Engrossed Substitute Senate Bill No. 5201 are, in fact, necessary to fund the governmental services for which the fees are paid. These fees are 'user fees' as defined by the President in previous rulings, and are not 'taxes' as defined by Initiative 601.
“The President, therefore, finds that Engrossed Substitute Senate Bill No. 5201 requires only a simple majority vote on final passage.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5201.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5201 and the bill failed to pass the Senate by the following vote: Yeas, 19; Nays, 26; Absent, 2; Excused, 2.
Voting yea: Senators Bauer, Costa, Deccio, Fairley, Franklin, Fraser, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, McAuliffe, Patterson, Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 19. Voting nay: Senators Benton, Eide, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, West and Zarelli - 26. Absent: Senators Brown and Gardner - 2. Excused: Senators Prentice and Sellar - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 5201, having failed to receive the constitutional majority, was declared lost.
MOTION
On motion of Senator Goings, Senator Fairly was excused.
SECOND READING
SENATE BILL NO. 5285, by Senators Hargrove, McCaslin, Johnson and Haugen
Permitting certain actions based on air emission or water or solid waste discharge.
MOTIONS
On motion of Senator Heavey, Substitute Senate Bill No. 5285 was substituted for Senate Bill No. 5285 and the substitute bill was placed on second reading and read the second time.
Senator Fraser moved that the following amendment by Senators Fraser, Spanel and Kline be adopted:
On page 1, after "Sec. 1." insert the following:
(1) The office of the attorney general and the standing committees on the judiciary and environmental quality in the house of representatives and the senate shall jointly review the availability of nuisance and other actions for the recovery of property damages from air emissions, water discharge, and solid waste discharge or release, and court decisions and public policy considerations regarding restricting the availability of such actions when the discharge or release occurs in compliance with a term or condition of:
(a) a statute or regulation;
(b) a license, permit, or order that is issued after the opportunity for public comment by a local, state, or federal agency and subject to continuing compliance assurance procedures, review by the issuing authority, and amendment or renewal; or
(c) a court order or judgment.
(2) Stakeholder organizations such as business and environmental organizations, property owner organizations, and the practicing legal profession should be consulted in conducting the review.
(3) The attorney general and standing committee shall submit its report and proposed recommendations for statutory changes to the availability of property damage recovery actions to the legislature by December 31, 1999.”
Debate ensued.
Senator Johnson 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 Fraser, Spanel and Kline on page 1, after Sec. 1, to Substitute Senate Bill No. 5285.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 18; Nays, 29; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Franklin, Fraser, Gardner, Heavey, Jacobsen, Kline, Kohl-Welles, McAuliffe, Prentice, Rasmussen, Sheldon, B., Spanel, Thibaudeau and Wojahn - 18. Voting nay: Senators Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 29. Excused: Senators Fairley and Sellar - 2.
MOTION
On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5285 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. 5285.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5285 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Oke, Patterson, Roach, Rossi, Sheahan, Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 30. Voting nay: Senators Brown, Costa, Eide, Franklin, Fraser, Gardner, Heavey, Jacobsen, Kline, Kohl-Welles, McAuliffe, Prentice, Rasmussen, Sheldon, B., Spanel, Thibaudeau and Wojahn - 17. Excused: Senators Fairley and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5285, 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.
MOTIONS
On motion of Senator Deccio, Senators Hargrove and Long were excused.
On motion of Senator Honeyford, Senator McCaslin was excused.
SECOND READING
SENATE BILL NO. 5330, by Senators Brown, Goings, Franklin, Patterson, Eide, B. Sheldon, Winsley, Costa, Oke, Bauer and Rasmussen
Treating active military personnel as residents for purposes of higher education tuition.
The bill was read the second time.
MOTIONS
Senator McDonald moved that the following amendments by Senators McDonald and Brown be considered simultaneously and be adopted:On page 1, beginning on line 4, strike all material through "require." on page 3, line 24
On page 4, after line 12, insert the following:
"NEW SECTION. Sec. 2. A new section is added to chapter 28B.15 RCW to read as follows:
For nonresident active duty military personnel stationed in the state of Washington, the state board for community and technical colleges and the governing boards of the state universities, the regional universities, the community colleges, and The Evergreen State College shall waive the lesser of the nonresident tuition fee differential and that portion of nonresident tuition fees which exceed federal educational assistance."
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 amendments by Senators McDonald and Brown on page 1, beginning on line 4, and page 4, after line 12, to Senate Bill No. 5330.
The motion by Senator McDonald carried and the amendments were adopted.
MOTIONS
On motion of Senator Brown, the following title amendment was adopted:
On page 1, line 2 of the title, after "personnel;" strike all material through "28B.15.014" and insert "amending RCW 28B.15.014; and adding a new section to chapter 28B.15 RCW"
On motion of Senator Brown, the rules were suspended, Engrossed Senate Bill No. 5330 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. 5330.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5330 and the bill passed the Senate by the following
Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43. Absent: Senator Kline - 1.
Excused: Senators Fairley, Hargrove, Long, McCaslin and Sellar - 5. ENGROSSED SENATE BILL NO. 5330, 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 Honeyford, Senator Oke was excused.
SECOND READING
SENATE BILL NO. 5902, by Senators Kohl-Welles, Sheahan and Shin
Changing higher education financial aid provisions.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5902 was substituted for Senate Bill No. 5902 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute Senate Bill No. 5902 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. 5902.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5902 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.
Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 40. Absent: Senators Bauer, Kline and Wojahn - 3. Excused: Senators Fairley, Hargrove, Long, McCaslin, Oke and Sellar - 6. SUBSTITUTE SENATE BILL NO. 5902, 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 Honeyford, Senators Deccio, Morton and Winsley were excused.
President Pro Tempore Wojahn assumed the Chair.
SECOND READING
SENATE BILL NO. 5563, by Senators Costa, Patterson and Roach
Authorizing a filing fee surcharge for funding county law libraries.
The bill was read the second time.
MOTION
Senator Honeyford moved that the following amendment be adopted:
On page 1, line 12, after "PROVIDED," strike "That upon a showing of need the twelve dollar contribution may be increased up to fifteen dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies: AND PROVIDED FURTHER," insert the following: ((That upon a showing of need the twelve dollar contribution may be increased up to fifteen dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies))
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Honeyford on page 1, line 12, to Senate Bill No. 5563.
The motion by Senator Honeyford failed and the amendment was not adopted.
MOTION
Senator Stevens moved that the following amendments be considered simultaneously and be adopted:
On page 1, line 18, after "exceed" strike "the maximum amount established in this section" insert "three dollars"
On page 2, line 1, after "exceed" strike "the maximum amount established in this section" and insert "three dollars"
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Stevens on page 1, line 18, and page 2, line 1, to Senate Bill No. 5563.
The motion by Senator Stevens failed and the amendments were not adopted.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5563 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5563.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5563 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 17; Absent, 0; Excused, 6.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26. Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Oke, Roach, Rossi, Sheldon, T., Stevens, Swecker, West and Zarelli - 17.
Excused: Senators Deccio, Hargrove, Long, Morton, Sellar and Winsley - 6. SENATE BILL NO. 5563, 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. 5743, by Senators Kohl-Welles, Sheahan, Oke and Hale (by request of State Board for Community and Technical Colleges)
Improving community and technical colleges' contributions to economic development.
MOTIONS
On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5743 was substituted for Senate Bill No. 5743 and the substitute bill was placed on second reading and read the second time.
Senator Sheahan moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 12 after "of" insert "an equal number of representatives from"
On page 3, line 12 strike "Representatives from"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the two amendments by Senator Sheahan on page 3, line 12, to Substitute Senate Bill No. 5743.
The motion by Senator Sheahan carried and the amendments were adopted.
MOTION
Senator Sheahan moved that the following amendment by Senators Sheahan and Kohl-Welles be adopted:
On page 3, line 13, after "colleges" insert "The employment security department,"
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Sheahan and Kohl-Welles on page 3, line 13, to Substitute Senate Bill No. 5743.
The motion by Senator Sheahan carried and the amendment was adopted.
MOTIONS
On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Substitute Senate Bill No. 5743 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5743.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5743 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 44. Excused: Senators Deccio, Long, Morton, Sellar and Winsley - 5. ENGROSSED SUBSTITUTE SENATE BILL NO. 5743, 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. 5465, by Senators Costa, Wojahn, Winsley, Patterson and Thibaudeau (by request of Department of Social and Health Services)
Authorizing implementation of a waiver for the department of social and health services to provide family planning services to eligible persons.
MOTIONS
On motion of Senator Snyder, Substitute Senate Bill No. 5465 was substituted for Senate Bill No. 5465 and the substitute bill was placed on second reading and read the second time.
Senator Swecker moved that the following amendment be adopted:
On page 1, line 17, after "pregnancy." insert: "Family planning services are not maternity care benefits, services, or information under the provisions and requirements of RCW 9.02.160."
Debate ensued.
MOTION TO WITHDRAW AMENDMENT
With the clarification and reassurance of the sponsor of the bill that the amendment is not needed, Senator Swecker withdrew the amendment on page 1, line 17, to Substitute Senate Bill No. 5465.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5465 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5465.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5465 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 31. Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Honeyford, Johnson, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, West and Zarelli - 16. Excused: Senators Long and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5465, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
SECOND READING
SENATE BILL NO. 5704, by Senators Kohl-Welles and Thibaudeau
Authorizing adoption of rules to implement medical marijuana law.
The bill was read the second time.
MOTION
Senator Benton moved that the following amendment be adopted:
On page 1, line 6, after "health" insert ", in consultation with the Washington State Medical Association,"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 1, line 6, to Senate Bill No. 5704.
The motion by Senator Benton carried and the amendment was adopted.
MOTION
Senator Hochstatter moved that the following amendment be adopted:
On page 1, line 7, after "chapter." insert "However, the department's authority to adopt new rules or amend previously adopted rules expires two years after the effective date of this act."
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 Senator Hochstatter on page 1, line 7, to Senate Bill No. 5704.
The motion by Senator Hochstatter carried and the amendment was adopted.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Senate Bill No. 5704 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator West: “I rise to a point of order. This matter was subject to an Initiative last year. This bill would appear to qualify that Initiative or amend that Initiative. I don't believe there was anything in the Initiative that allowed the Legislature to write rules or implement rules and so my query is does this require a two-thirds vote as an amendment to the Initiative?”
RULING BY THE PRESIDENT
President Owen: “The President believes that it would take a two-thirds vote, Senator West.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5704.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5704 and the bill failed to receive the constitutional two-thirds majority by the following vote: Yeas, 31; Nays, 17; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 31. Voting nay: Senators Benton, Deccio, Goings, Hale, Honeyford, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 17. Excused: Senator Sellar - 1. ENGROSSED SENATE BILL NO. 5704, having failed to receive the constitutional two-thirds majority, was declared lost.
SECOND READING
SENATE BILL NO. 5597, by Senators Fraser, Swecker, Jacobsen, Morton, Fairley, Rasmussen and Winsley
Requiring occupational health standards to protect workers from airborne and waterborne pathogens.
MOTION
Senator Fraser moved that Senate Bill No. 5597 not be substituted.
The President declared the question before the Senate to be the motion by Senator Fraser to not substitute Senate Bill No. 5597.
The motion by Senator Fraser carried and Senate Bill No. 5597 was not substituted.
The bill was read the second time.
MOTION
Senator Prentice moved that the following striking amendment by Senators Prentice, Costa, Franklin, Deccio, Fraser, McAuliffe, Benton, Heavey, Thibaudeau, Johnson and Wojahn be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that workers engaged in the handling, transportation, treatment, and disposal of biomedical waste may be exposed to elevated risks of contracting diseases from pathogens conveyed by air or water. These risks may be reduced by application of occupational health standards for airborne pathogens and waterborne pathogens that are comparable to those developed to protect workers from bloodborne pathogens. The legislature further finds that opportunities to improve bloodborne pathogen standards arise when product engineering improvements result in safer medical devices.
NEW SECTION. Sec. 2. (1) The department of labor and industries shall review available data, studies, hazard analyses, and other information regarding the potential for employee exposure to airborne or waterborne biological hazards in the handling, transport, treatment, and disposal of biomedical waste. Based on this review, the department shall make recommendations for appropriate action under the department's existing authority to protect workers and develop a plan for implementing the recommendations. The department shall report to the legislature its findings, recommendations, and implementation plan and recommendations for action by the legislature no later than December 1, 1999.
(2) This section expires December 31, 1999.
NEW SECTION. Sec. 3. A new section is added to chapter 49.17 RCW to read as follows:
(1) The department shall, by July 1, 1999, adopt rules revising the bloodborne pathogen standard governing occupational exposure to blood and other potentially infectious materials in accordance with subsection (3) of this section.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus, hepatitis C virus, and human immunodeficiency virus.
(b) "Employer" means each employer having an employee with occupational exposure to human blood or other material potentially containing bloodborne pathogens.
(c) "Engineering controls" means controls including, but not limited to, needleless systems and sharps with engineered sharps injury protection that isolate or remove the bloodborne pathogens hazard from the workplace.
(d) "Engineered sharps injury protection" means either:
(i) A physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or
(ii) A physical attribute built into any other type of needle device, or into a nonneedle sharp, which effectively reduces the risk of an exposure incident.
(e) "Front-line health care worker" means a nonmanagerial employee responsible for direct patient care with potential occupational exposure to sharps-related injuries.
(f) "Needleless system" means a device that does not use needles for:
(i) The withdrawal of body fluids after initial venous or arterial access is established;
(ii) The administration of medication or fluids; and
(iii) Any other procedure involving the potential for an exposure incident.
(g) "Sharp" means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken capillary tubes, exposed ends of dental wires and dental knives, drills, and burs.
(h) "Sharps injury" means any injury caused by a sharp, including, but not limited to, cuts, abrasions, or needle sticks.
(i) "Sharps injury log" means a written or electronic record satisfying the requirements of subsection (3)(d) of this section.
(j) "Small business" means an employer subject to this section with less than eleven employees at any time during the calendar year immediately preceding the current calendar year.
(3) The department shall adopt a standard, as described in subsection (1) of this section. The standard shall include, but not be limited to, the following:
(a) A requirement that needleless systems and sharps with engineered sharps injury protection be included as engineering and work practice controls. However, the engineering control is not required if:
(i) It is not available in the marketplace;
(ii) An evaluation committee, established by the employer, at least half the members of which are front-line health care workers from a variety of occupational classifications and departments, including but not limited to nurses, nurses aides, technicians, phlybotomists, and physicians, determines by means of objective product evaluation criteria that use of such devices will jeopardize patient or employee safety with regard to a specific medical procedure; or
(iii) The employer can demonstrate by means of objective product evaluation criteria that the engineering control is not more effective in preventing exposure incidents than the alternative used by the employer. In making this determination, the employer must certify:
(A) That the employees using the engineering controls were adequately trained and demonstrated proficiency in utilizing the device before implementation in patient care settings; and
(B) That the device has been used for a period of time sufficient to allow for the normal adjustment period after implementation of new devices.
(b) A requirement that written exposure control plans include an effective procedure for identifying and selecting existing needleless systems and sharps with engineered sharps injury protection. Any procedure adopted should provide that the evaluation committee described in (a) of this subsection has responsibility for identifying and selecting such devices;
(c) A requirement that written exposure control plans be updated when necessary to reflect progress in implementing needleless systems and sharps with engineered sharps injury protection as determined by the evaluation committee described in (a) of this subsection, but in no event should updating occur less than once every year;
(d) A requirement that information concerning exposure incidents be recorded in a sharps injury log, including, but not limited to:
(i) Date and time of the exposure incident;
(ii) Type and brand of sharp involved in the exposure incident; and
(iii) Description of the exposure incident that shall include:
(A) Job classification of the exposed employee;
(B) Department or work area where the exposure incident occurred;
(C) The procedure that the exposed employee was performing at the time of the incident;
(D) How the incident occurred;
(E) The body part involved in the exposure incident;
(F) If the sharp had engineered sharps injury protection, whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism;
(G) If the sharp had no engineered sharps injury protection, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and
(H) The employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury, as well as the basis for the opinion.
(4) In complying with this section, a small business may:
(a) Evaluate new technology through its own evaluation committee, a joint evaluation committee, established by multiple small business employers, at least half the members of which are front-line health care workers, or an evaluation committee established under the auspices of the department, at least half the members of which are front-line health care workers;
(b) Use a joint evaluation committee to develop and update the written procedure for identifying and selecting devices as required by subsection (3)(b) and (c) of this section; and
(c) Comply with provisions of subsection (3)(d) of this section by recording the required sharps injury data in its OSHA 200 log.
(5) The department shall: Promulgate additional amendments to the bloodborne pathogen standard necessary to implement this section; and, to the extent that funds are available, evaluate the impact of this section on the reduction of needle stick and sharps injuries and costs of employer operations.
(6) The department of health shall compile and maintain a list of existing needleless systems and sharps with engineered sharps injury protection, that is available to assist employers in complying with the requirements of the bloodborne pathogen standard adopted under this section. The list may be developed from existing sources of information including, but not limited to, the federal food and drug administration, the federal centers for disease control, the national institute of occupational safety and health, and the United States department of veterans affairs."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Prentice, Costa, Franklin, Deccio, Fraser, McAuliffe, Benton, Heavey, Thibaudeau, Johnson and Wojahn to Senate Bill No. 5597.
The motion by Senator Prentice carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, beginning on line 2 of the title, after "pathogens" insert ", bloodborne pathogens,"
On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5597 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Honeyford, Senator Hochstatter was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5597.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5597 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Excused: Senators Hochstatter and Sellar - 2. ENGROSSED SENATE BILL NO. 5597, 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. 5886, by Senators Fraser, Fairley, Kline, Thibaudeau and Franklin
Changing vehicle emission inspection program provisions.
The bill was read the second time.
MOTION
Senator Fraser moved that the following striking amendment by Senators Fraser, Morton, Jacobsen, Eide, Honeyford, McAuliffe and Swecker be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.16.015 and 1998 c 342 s 6 are each amended to read as follows:
(1) Neither the department of licensing nor its agents may issue or renew a motor vehicle license for any vehicle or change the registered owner of a licensed vehicle, for any vehicle that is required to be inspected under chapter 70.120 RCW, unless the application for issuance or renewal is: (a) Accompanied by a valid certificate of compliance or a valid certificate of acceptance issued pursuant to chapter 70.120 RCW; or (b) exempted from this requirement pursuant to subsection (2) of this section. The certificates must have a date of validation which is within ((six)) fourteen months of the date of application for the vehicle license or license renewal. ((Certificates for fleet or owner tested diesel vehicles may have a date of validation which is within twelve months of the assigned license renewal date.))
(2) Subsection (1) of this section does not apply to the following vehicles:
(a) New motor vehicles whose equitable or legal title has never been transferred to a person who in good faith purchases the vehicle for purposes other than resale;
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered exclusively by electricity;
(d) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas, unless it is determined that federal sanctions will be imposed as a result of this exemption;
(e) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles as defined in RCW 46.04.332;
(f) Farm vehicles as defined in RCW 46.04.181;
(g) Used vehicles ((which are offered for sale)) sold by a motor vehicle dealer licensed under chapter 46.70 RCW;
(h) Classes of motor vehicles exempted by the director of the department of ecology;
(i) Collector cars as identified by the department of licensing under RCW 46.16.305(1); ((or))
(j) Beginning January 1, ((2000)) 2002, vehicles that are less than ((five)) three years old or more than twenty-five years old; or
(k) Beginning January 1, 2005, vehicles that are less than five years old or more than twenty-five years old.
The provisions of (a) of this subsection may not be construed as exempting from the provisions of subsection (1) of this section applications for the renewal of licenses for motor vehicles that are or have been leased.
(3) The department of ecology shall provide information to motor vehicle owners regarding the boundaries of emission contributing areas and restrictions established under this section that apply to vehicles registered in such areas. In addition the department of ecology shall provide information to motor vehicle owners on the relationship between motor vehicles and air pollution and steps motor vehicle owners should take to reduce motor vehicle related air pollution. The department of licensing shall send to all registered motor vehicle owners affected by the emission testing program notice that they must have an emission test to renew their registration."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser, Morton, Jacobsen, Eide, Honeyford, McAuliffe and Swecker to Senate Bill No. 5886.
The motion by Senator Fraser carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Fraser, the following title amendment was adopted:
On page 1, line 2 of the title, after "vehicles;" strike the remainder of the title and insert "and amending RCW 46.16.015."
On motion of Senator Fraser, the rules were suspended, Engrossed Senate Bill No. 5886 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. 5886.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5886 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Honeyford, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Wojahn - 32. Voting nay: Senators Benton, Finkbeiner, Hale, Horn, Johnson, Long, McCaslin, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Winsley and Zarelli - 14. Absent: Senator West - 1. Excused: Senators Hochstatter and Sellar - 2. ENGROSSED SENATE BILL NO. 5886, 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. 5793, by Senators Thibaudeau, Deccio and Kohl-Welles
Protecting information related to sexually transmitted diseases and HIV.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 5793 was substituted for Senate Bill No. 5793 and the substitute bill was placed on second reading and read the second time.
Senator Benton moved that the following amendment be adopted:
On page 2, line 10, after "chapter," strike "one" and insert "((one)) two"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 2, line 10, to Substitute Senate Bill No. 5793.
The motion by Senator Benton failed and the amendment was not adopted.
MOTION
Senator Zarelli moved that the following amendment be adopted:
On page 5, after line 2, insert the following:
"Sec. 5. RCW 70.24.340 and 1997 c 345 s 3 are each amended to read as follows:
(1) Local health departments authorized under this chapter shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:
(a) Convicted of a sexual offense under chapter 9A.44 RCW;
(b) Convicted of prostitution or offenses relating to prostitution under chapter 9A.88 RCW; ((or))
(c) Convicted of drug offenses under chapter 69.50 RCW if the court determines at the time of conviction that the related drug offense is one associated with the use of hypodermic needles; or
(d) Who are offenders or arrested or detained persons and who have subjected a law enforcement officer, fire fighter, health care provider, health care facility staff person, department of corrections staff person, jail staff person, or other category of employee, as determined by the board, to substantial exposure to their bodily fluids upon their consent or pursuant to subsection (5) of this section. Persons tested under this subsection (1)(d) shall also be tested for hepatitis B and hepatitis C.
(2) ((Such)) Testing of persons convicted under subsection (1)(a) through (c) of this section shall be conducted as soon as possible after sentencing and shall be so ordered by the sentencing judge. Testing of persons causing a substantial exposure under subsection (1)(d) of this section shall be conducted as soon as possible, but not later than forty-eight hours, excluding Saturdays, Sundays, and holidays, after the exposure.
(3) ((This section)) Subsection (1)(a) through (c) of this section applies only to offenses committed after March 23, 1988, and subsection (1)(d) of this section applies only to exposures occurring on or after the effective date of this act.
(4)(a) A law enforcement officer, fire fighter, health care provider, health care facility staff person, department of corrections' staff person, jail staff person, or other categories of employment determined by the board in rule to be at risk of substantial exposure to HIV, who has experienced a substantial exposure to ((another person's)) the bodily fluids of a person not covered under subsection (1)(d) of this section in the course of his or her employment, may request a state or local public health officer to order pretest counseling, HIV testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to. If the state or local public health officer refuses to order counseling and testing under this subsection or subsection (1)(d) of this section, the person who ((made the request)) experienced the substantial exposure may petition the superior court for a hearing to determine whether an order shall be issued. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review to determine whether the public health officer shall be required to issue the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.
(b) If the person who is subject to the state or local public health officer's order to receive counseling and testing is not being tested under subsection (1) of this section, the person shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual basis therefor. If the person who is subject to the order is not being tested under subsection (1) of this section and refuses to comply, the state or local public health officer may petition the superior court for a hearing. The hearing on the petition shall be held within seventy-two hours of filing the petition, exclusive of Saturdays, Sundays, and holidays. The standard of review for the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order.
(c) The state or local public health officer shall perform counseling and testing under this subsection if he or she finds that the exposure was substantial and presents a possible risk as defined by the board of health by rule or if he or she is ordered to do so by a court.
(d) The counseling and testing required under this subsection shall be completed as soon as possible after the substantial exposure or after an order is issued by a court, but shall begin not later than seventy-two hours after the substantial exposure or an order is issued by the court.
(5)(a) Any employee identified in subsection (1)(d) of this section, who has experienced a substantial exposure to the bodily fluids of an offender, arrested person, or detained person covered under subsection (1)(d) of this section, may seek the consent of the person to whose bodily fluids he or she was exposed for HIV and hepatitis testing. If the person consents to be tested, he or she shall consent to disclosure of the results of the test by the public health official to the person exposed by the fluids and as otherwise required by law.
If the person does not consent to testing or is released prior to a request for consent, the officer or identified employee may petition the court for an order that the local health department shall conduct or cause to be conducted pretest counseling, testing for HIV, hepatitis B, and hepatitis C, and posttest counseling for the person to whose bodily fluids they were substantially exposed, within forty-eight hours after exposure. The court shall enter a written order granting or denying the petition. The court shall include in its order a statement that if a test is conducted on the person for whom the order is sought, a result that indicates no HIV antibodies are present should not be construed as a determination that HIV is not present.
(b) Notwithstanding subsection (2) of this section and (a) of this subsection, where the officer or other employee is unaware of the substantial exposure, or is unable to seek consent or file a timely petition with the court, the time shall be tolled until forty-eight hours after the person should reasonably become aware of the exposure or is reasonably able to seek consent and file a petition for testing.
(c) The forty-eight hour periods specified in this section shall be computed by excluding Saturdays, Sundays, and holidays.
(6) Consent of the persons tested under this section is not required.
Sec. 6. RCW 70.24.360 and 1988 c 206 s 706 are each amended to read as follows:
Jail administrators, ((with the approval of)) after consultation with and receiving written recommendations from the local public health officer, may order pretest counseling, HIV testing, and posttest counseling for persons detained in the jail if the ((local public health officer)) jail administrator determines that actual or threatened behavior presents a possible risk to the staff, general public, or other persons. ((Approval of the local public health officer shall be based on RCW 70.24.024(3) and may be contested through RCW 70.24.024(4).)) The jail administrator shall establish, pursuant to RCW 70.48.071, a procedure to document the possible risk ((which)) that is the basis for the HIV testing. "Possible risk," as used in this section, shall be defined by the jail administrator after consultation with the board ((in rule)). Possible risk, as used in the documentation of the behavior, or threat thereof, shall be reviewed with the person ((to try to assure that the person understands the basis for testing)).
Sec. 7. RCW 70.24.024 and 1988 c 206 s 909 are each amended to read as follows:
(1) Subject to the provisions of this chapter, the state and local public health officers or their authorized representatives may examine and counsel or cause to be examined and counseled persons reasonably believed to be infected with or to have been exposed to a sexually transmitted disease.
(2) Orders or restrictive measures directed to persons with a sexually transmitted disease shall be used as the last resort when other measures to protect the public health have failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the person who may be subject to such an order. The orders and measures shall be applied serially with the least intrusive measures used first. The burden of proof shall be on the state or local public health officer to show that specified grounds exist for the issuance of the orders or restrictive measures and that the terms and conditions imposed are no more restrictive than necessary to protect the public health.
(3) When the state or local public health officer within his or her respective jurisdiction knows or has reason to believe, because of direct medical knowledge or reliable testimony of others in a position to have direct knowledge of a person's behavior, that a person has a sexually transmitted disease and is engaging in specified conduct, as determined by the board by rule based upon generally accepted standards of medical and public health science, that endangers the public health, he or she shall conduct an investigation in accordance with procedures prescribed by the board to evaluate the specific facts alleged, if any, and the reliability and credibility of the person or persons providing such information and, if satisfied that the allegations are true, he or she may issue an order according to the following priority to:
(a) Order a person to submit to a medical examination or testing, seek counseling, or obtain medical treatment for curable diseases, or any combination of these, within a period of time determined by the public health officer, not to exceed fourteen days.
(b) Order a person to immediately cease and desist from specified conduct ((which)) that endangers the health of others by imposing such restrictions upon the person as are necessary to prevent the specified conduct that endangers the health of others only if the public health officer has determined that clear and convincing evidence exists to believe that such person has been ordered to report for counseling as provided in (a) of this subsection and continues to demonstrate behavior ((which)) that endangers the health of others. Any restriction shall be in writing, setting forth the name of the person to be restricted and the initial period of time, not to exceed three months, during which the order shall remain effective, the terms of the restrictions, and such other conditions as may be necessary to protect the public health. Restrictions shall be imposed in the least-restrictive manner necessary to protect the public health.
(4)(a) Upon the issuance of any order by the state or local public health officer or an authorized representative pursuant to subsection (3) of this section or RCW 70.24.340(4) to a person who is not being tested under RCW 70.24.340(1), such public health officer shall give written notice promptly, personally, and confidentially to the person who is the subject of the order stating the grounds and provisions of the order, including the factual bases therefor, the evidence relied upon for proof of infection and dangerous behavior, and the likelihood of repetition of such behaviors in the absence of such an order, and notifying the person who is the subject of the order that, if he or she contests the order, he or she may appear at a judicial hearing on the enforceability of the order, to be held in superior court. He or she may have an attorney appear on his or her behalf in the hearing at public expense, if necessary. The hearing shall be held within seventy-two hours of receipt of the notice, unless the person subject to the order agrees to comply. If the person contests the order, no invasive medical procedures shall be carried out prior to a hearing being held pursuant to this subsection. If the person does not contest the order within seventy-two hours of receiving it, and the person does not comply with the order within the time period specified for compliance with the order, the state or local public health officer may request a warrant be issued by the superior court to insure appearance at the hearing. The hearing shall be within seventy-two hours of the expiration date of the time specified for compliance with the original order. The burden of proof shall be on the public health officer to show by clear and convincing evidence that the specified grounds exist for the issuance of the order and for the need for compliance and that the terms and conditions imposed therein are no more restrictive than necessary to protect the public health. Upon conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the order.
(b) If the superior court dismisses the order of the public health officer, the fact that the order was issued shall be expunged from the records of the department or local department of health.
(5) Any hearing conducted pursuant to this section shall be closed and confidential unless a public hearing is requested by the person who is the subject of the order, in which case the hearing will be conducted in open court. Unless in open hearing, any transcripts or records relating thereto shall also be confidential and may be sealed by the order of the court."
POINT OF ORDER
Senator Thibaudeau: “Mr. President, I rise to a point of order. I submit that the amendment proposed by Senator Zarelli changes the scope and object of Substitute Senate Bill No. 5793 and, therefore, violates Senate Rule 66. Substitute Senate Bill No. 5793 has to do with violating confidentially and increasing penalties for those health care providers who violate that confidentially. The amendment by Senator Zarelli deals with the testing and arrests of persons as convicted offenders and the process of that testing. I would submit that this is beyond the scope and object of this bill.”
Further debate ensued.
MOTION
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 5793 was deferred.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Betti Sheldon served notice that she would move to reconsider the vote by which Engrossed Senate Bill No. 5597 passed the Senate earlier today.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Goings served notice that he would move to reconsider the vote by which Engrossed Senate Bill No. 5704 failed to pass the Senate earlier today.
SECOND READING
SENATE BILL NO. 5609, by Senators Horn, Prentice, Winsley, Haugen and Costa (by request of Secretary of State Munro)
Making awards for state employees' suggestions.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 5609 was substituted for Senate Bill No. 5609 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. 5609 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. 5609.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5609 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46. Absent: Senator Finkbeiner - 1.
Excused: Senators Hochstatter and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5609, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 5793, deferred on second reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Thibaudeau to the scope and object of the amendment by Senator Zarelli on page 5, after line 2, the President finds that Substitute Senate Bill No. 5793 is a measure which concerns confidentiality in disease reporting by health care officials.
“The amendment by Senator Zarelli would require testing of offenders for HIV, Hepatitis B and Hepatitis C in certain cases.
“The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken.”
The amendment by Senator Zarelli on page 5, after line 2, to Substitute Senate Bill No. 5793 was ruled out of order.
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5793 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. 5793.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5793 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45. Voting nay: Senator Hargrove - 1. Absent: Senator Finkbeiner - 1. Excused: Senators Hochstatter and Sellar - 2. SUBSTITUTE SENATE BILL NO. 5793, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 8:29 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Wednesday, March 17, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate