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THIRTY-THIRD DAY

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MORNING SESSION

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Senate Chamber, Olympia, Friday, February 11, 2000

      The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Finkbeiner, Haugen, Honeyford, Horn, Loveland, McCaslin, McDonald, Patterson, Sellar and Zarelli. On motion of Senator Deccio, Senators Honeyford, Horn, McCaslin, McDonald, Sellar and Zarelli were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Brett Shearer and Chris Schuyler, presented the Colors. Reverend Anna Grace

pastor of the Unity Church of Olympia, 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.


MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS


December 9, 1999

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      George Orr, to be appointed January 15, 2000, for a term ending June 30, 2005, as a member of the Gambling Commission.

Sincerely,

GARY LOCKE, Governor

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



January 21, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

      Donna DeJarnatt, reappointed January 21, 2000, for a term ending September 30, 2002, as a member of the Board of Trustees for Lower Columbia Community College District No. 13.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Higher Education.


January 27, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Cynthia A. Shiota, appointed January 27, 2000, for a term ending September 30, 2005, as a member of the Board of Trustees for Eastern Washington University.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Higher Education.


January 28, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Margaret Allen, appointed January 27, 2000, for a term ending June 30, 2000, as a member of the Washington Public Power Supply System Board of Directors.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Energy, Technology and Telecommunications.



February 7, 2000

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following appointment, subject to your confirmation.

      Lawrence Kenney, appointed February 7, 2000, for a term ending June 30, 2002 as a member of the Washington Public Power Supply System Board of Directors.

Sincerely,

GARY LOCKE, Governor

      Referred to the Committee on Energy, Technology and Telecommunications.


MESSAGES FROM THE HOUSE

February 9, 2000

MR. PRESIDENT:

      The House has passed:

      SUBSTITUTE HOUSE BILL NO. 1945,

      HOUSE BILL NO. 2031,

      SUBSTITUTE HOUSE BILL NO. 2343,

      SUBSTITUTE HOUSE BILL NO. 2358,

      HOUSE BILL NO. 2456,

      SUBSTITUTE HOUSE BILL NO. 2462,

      HOUSE BILL NO. 2495,

      HOUSE BILL NO. 2496,

      SUBSTITUTE HOUSE BILL NO. 2513,

      HOUSE BILL NO. 2522,

      SUBSTITUTE HOUSE BILL NO. 2542,

      SUBSTITUTE HOUSE BILL NO. 2644,

      SUBSTITUTE HOUSE BILL NO. 2649,

      SUBSTITUTE HOUSE BILL NO. 2667,

      SUBSTITUTE HOUSE BILL NO. 2670, and the same are herewith transmitted.

                                                                                                                                                             TIMOTHY A. MARTIN, Co-Chief Clerk

CYNTHIA ZEHNDER, Co-Chief Clerk


February 9, 2000

MR. PRESIDENT:

      The House has passed:

      ENGROSSED HOUSE BILL NO. 2561,

      HOUSE BILL NO. 2683,

      HOUSE BILL NO. 2684,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2712,

      SUBSTITUTE HOUSE BILL NO. 2719,

      HOUSE BILL NO. 2722,

      SUBSTITUTE HOUSE BILL NO. 2729,

      HOUSE BILL NO. 2765,

      HOUSE BILL NO. 2771,

      SUBSTITUTE HOUSE BILL NO. 2792,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 2798,

      SUBSTITUTE HOUSE BILL NO. 2799,

      HOUSE BILL NO. 2807,

      SUBSTITUTE HOUSE BILL NO. 2819,

      SUBSTITUTE HOUSE BILL NO. 2846,

      HOUSE BILL NO. 2904,

      SUBSTITUTE HOUSE BILL NO. 2912,

      HOUSE BILL NO. 2931,

      ENGROSSED HOUSE BILL NO. 2952,

      HOUSE BILL NO. 2993,

      HOUSE BILL NO. 3005,

      HOUSE BILL NO. 3028,

      HOUSE CONCURRENT RESOLUTION NO. 4407, and the same are herewith transmitted.

CYNTHIA ZEHNDER, Co-Chief Clerk

TIMOTHY A. MARTIN, Co-Chief Clerk


INTRODUCTION AND FIRST READING

 

SB 6848             by Senators Roach, Fraser, Goings, Rasmussen, Franklin, Winsley, Oke and Swecker

 

AN ACT Relating to removing ten-year time limitations affecting lake management districts; and amending RCW 36.61.020 and 36.61.260.

Referred to Committee on Environmental Quality and Water Resources.

 

SJM 8029           by Senators Johnson, Benton, Heavey, Horn, Goings, Rossi, Sheahan, Finkbeiner, Oke, T. Sheldon, Hale, Deccio, Eide, Stevens and Rasmussen

 

Requesting that Congress direct the Secretary of Transportation to provide waivers and assistance for privatization of rest stop and safety areas.

 

Referred to Committee on Transportation.

 

SCR 8428          by Senators Shin, Rasmussen, Prentice, Roach and Benton

 

Establishing protocols for agency trade missions.

 

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


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

SHB 1945          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives O'Brien and Koster)

 

Modifying collection agency laws.

 

Referred to Committee on Judiciary.

 

HB 2031            by Representatives Ruderman, Dunn, Dickerson, Fortunato, Conway, Boldt, Kessler, Murray, O'Brien, Romero, Cairnes, Ogden, Rockefeller, Linville, Kenney, Edmonds, Schual-Berke, Kagi, Tokuda, McIntire, Keiser, Cooper, Lantz, Santos and Miloscia

 

Including midwives in women's health care services.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2343          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Hatfield, Benson and Esser)

 

Allowing the redemption of vehicles by payments from financial institutions.

 

Referred to Committee on Transportation.

 

SHB 2358          by House Committee on Commerce and Labor (originally sponsored by Representatives Wood, McMorris, Clements, Conway and Radcliff)

 

Allowing charitable organizations to hire vendors to conduct fund raising events.

 

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

 

HB 2456            by Representatives Cairnes, Ballasiotes, Koster, B. Chandler, Talcott, Radcliff, Pflug, Esser and Benson

 

Increasing seriousness of identity crimes.

 

Referred to Committee on Judiciary.

 

SHB 2462          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Reardon, Scott, Cooper, Linville, G. Chandler, Stensen, Barlean, Regala, Santos, Rockefeller, Dunshee, Ruderman, Grant, Kessler, Cody, Kenney, Conway, Wolfe, Ogden, Murray, Schual-Berke, Keiser, Edmonds and Hurst)

 

Requiring notification when microbial contamination in untreated water segments exceeds allowable standards and poses a public health risk.

 

Referred to Committee on Environmental Quality and Water Resources.

 

HB 2495            by Representatives Pennington and Benson (by request of Department of Fish and Wildlife)

 

Allowing holders of big and small game hunting licenses to hunt unclassified wildlife.

 

Referred to Committee on Natural Resources, Parks and Recreation.

 

HB 2496            by Representatives Delvin, Wood, Clements, Conway and B. Chandler

 

Creating an exemption for out-of-state certificate of approval holders that furnish wine or beer to nonprofit charitable organizations.

 

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

 

SHB 2513          by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Ballasiotes, O'Brien, Koster and Hurst) (by request of Department of Social and Health Services and Department of Corrections)

 

Providing for the release of mental health information under certain circumstances.

 

Referred to Committee on Human Services and Corrections.

 

HB 2522            by Representatives Lantz, McDonald, Constantine, Lambert, Dickerson, Barlean, Hurst and Carrell

 

Modifying court jurisdiction.

 

Referred to Committee on Judiciary.

 

SHB 2542          by House Committee on Education (originally sponsored by Representatives Keiser, Talcott, Santos, Radcliff and Rockefeller)

 

Requiring alternative education providers operating under contracts with school districts to receive a minimum amount of state general fund moneys generated per student.

 

Referred to Committee on Education.

 

EHB 2561          by Representatives Rockefeller, Woods, Mulliken, Scott, Lantz, Ogden, Constantine and Haigh

 

Authorizing the preservation and development of national historic towns outside of urban growth areas.

 

Referred to Committee on State and Local Government.

 

SHB 2644          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Delvin, Grant, Hankins, Linville and G. Chandler)

 

Restoring unfinished nuclear power sites.

 

Referred to Committee on Energy, Technology and Telecommunications.

 

SHB 2649          by House Committee on Technology, Telecommunications and Energy (originally sponsored by Representatives Wolfe, Radcliff and Ruderman) (by request of Department of Information Services)

 

Granting the department of information services the authority to provide services to nonprofit organizations.

 

Referred to Committee on Energy, Technology and Telecommunications.

 

SHB 2667          by House Committee on State Government (originally sponsored by Representatives Veloria, Clements, Conway, G. Chandler, Gombosky, Dunn, Cooper, Campbell, Kenney and Buck)

 

Establishing standards for the prompt payment of bills incurred by state government.

 

Referred to Committee on State and Local Government.

 

SHB 2670          by House Committee on Agriculture and Ecology (originally sponsored by Representatives Delvin, Linville, G. Chandler and Hankins)

 

Authorizing the department of ecology to waive the requirement for a reserve account for local governments maintaining landfills.

 

Referred to Committee on Environmental Quality and Water Resources.

 

HB 2683            by Representatives Conway, Cody, Haigh and O'Brien (by request of Department of Social and Health Services)

 

Protecting patients in state hospitals.

 

Referred to Committee on Health and Long-Term Care.

 

HB 2684            by Representatives D. Sommers and Tokuda (by request of Department of Social and Health Services)

 

Clarifying what records are available to the department of social and health services.

 

Referred to Committee on Human Services and Corrections.

 

ESHB 2712        by House Committee on Criminal Justice and Corrections (originally sponsored by Representatives Lambert, Lovick, Rockefeller, Woods, Haigh, Cox, Ruderman and Fortunato)

 

Changing sexual misconduct laws with regard to school employees.

 

Referred to Committee on Judiciary.

 

SHB 2719          by House Committee on Natural Resources (originally sponsored by Representatives Ericksen, Linville, Sump, Koster, Regala, Lambert, Morris, Eickmeyer, Anderson, Fortunato, Haigh, G. Chandler, Kagi and Rockefeller)

 

Providing immunity for placement of large woody debris into streams.

 

Referred to Committee on Natural Resources, Parks and Recreation.

 

HB 2722            by Representatives Kenney, Carlson and Esser (by request of University of Washington)

 

Excluding exempt positions from bargaining units of employees of institutions of higher education governed by chapter 41.56 RCW.

 

Referred to Committee on Higher Education.

 

SHB 2729          by House Committee on State Government (originally sponsored by Representatives Clements, Dickerson, Lisk, B. Chandler and Thomas)

 

Requiring disclosure of salaries by contractors performing personal service contracts for state agencies.

 

Referred to Committee on State and Local Government.

 

HB 2765            by Representatives McIntire, Mulliken, Wensman, Fisher, Ogden and Edwards

 

Authorizing delegation of authority regarding revenue bonds for port districts.

 

Referred to Committee on State and Local Government.

 

HB 2771            by Representatives Mastin, Grant, Cox and Schoesler

 

Changing amendments to water rights claims.

 

Referred to Committee on Environmental Quality and Water Resources.

 

SHB 2792          by House Committee on State Government (originally sponsored by Representatives Haigh, D. Schmidt, Romero, McDonald, Rockefeller and Hurst) (by request of Governor Locke)

 

Protecting personal financial information.

 

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

 

ESHB 2798        by House Committee on Health Care (originally sponsored by Representatives Lambert, Campbell, Cody, Parlette, Kagi, Benson and Haigh)

 

Requiring legible prescriptions.

 

Referred to Committee on Health and Long-Term Care.

 

SHB 2799          by House Committee on Judiciary (originally sponsored by Representatives Lambert, Hurst, Kagi, Benson, Lovick and Pflug)

 

Granting state-wide warrant jurisdiction to courts of limited jurisdiction.

 

Referred to Committee on Judiciary.

 

HB 2807            by Representatives Kagi, Boldt, Wolfe, Ruderman, D. Sommers, Tokuda, Lovick, Kenney and Santos

 

Authorizing blended funding projects for youth.

 

Referred to Committee on Human Services and Corrections.

 

SHB 2819          by House Committee on Agriculture and Ecology (originally sponsored by Representatives B. Chandler, Lisk, G. Chandler and Skinner)

 

Clarifying the number of landowners needed on petitions to merge minor irrigation districts into other special purpose districts.

 

Referred to Committee on State and Local Government.

 

SHB 2846          by House Committee on Financial Institutions and Insurance (originally sponsored by Representatives Benson, Hatfield, Sullivan, DeBolt, Barlean, Cairnes, Quall, McIntire and Delvin)

 

Providing certain notices to agents or brokers.

 

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

 

HB 2904            by Representatives Carlson and Kenney

 

Expanding geographic eligibility for the border county higher education opportunity pilot project.

 

Referred to Committee on Higher Education.

 

SHB 2912          by House Committee on Children and Family Services (originally sponsored by Representatives Boldt and Clements)

 

Requiring the department of social and health services to maintain records on children in state custody who are using psychiatric medications.

 

Referred to Committee on Human Services and Corrections.

 

HB 2931            by Representatives B. Chandler, Stensen, Cox, Schoesler, Wolfe, Grant, Mastin, Kessler, Linville, Doumit, Mulliken, Benson, Alexander, McMorris, Koster, Van Luven, Boldt, McDonald, Regala, Ogden, G. Chandler, Skinner and Haigh

 

Requiring recommendations for continued funding assistance of fairs and youth shows.

 

Referred to Committee on Agriculture and Rural Economic Development.

 

EHB 2952          by Representatives Edmonds, Kenney, Gombosky, Esser, Lantz, Pflug, Veloria, Edwards and Santos

 

Requiring a study of distance education.

 

Referred to Committee on Higher Education.

 

HB 2993            by Representatives G. Chandler and Cooper

 

Setting fires for fire fighter instruction.

 

Referred to Committee on State and Local Government.

 

HB 3005            by Representatives Grant, Mastin, Keiser and Santos

 

Allowing for greater coronary health care in certain rural areas.

 

Referred to Committee on Health and Long-Term Care.

 

HB 3028            by Representatives Mastin and Grant

 

Establishing a program for the recovery of fish runs listed under the federal endangered species act.

 

Referred to Committee on Natural Resources, Parks and Recreation.

 

HCR 4407          by Representatives Murray, Mitchell, Edmonds, Esser and Carlson

 

Establishing a joint select committee on the future facility needs of higher education.

 

Referred to Committee on Higher Education.





MOTION


      On motion of Senator Betti Sheldon, Substitute House Bill No. 1945 was referred to the Committee on Judiciary.


SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS


MOTION


      On motion of Senator Hale, Gubernatorial Appointment No. 9182, Josie Wannarachue, as a member of the Board of Trustees for Columbia Basin Community College District No. 19, was confirmed.


APPOINTMENT OF JOSIE WANNARACHUE


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 5; Excused, 6.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 38.

     Absent: Senators Bauer, Finkbeiner, Haugen, Loveland and Patterson - 5.

     Excused: Senators Honeyford, Horn, McCaslin, McDonald, Sellar and Zarelli - 6.

 

MOTION


      On motion of Senator Eide, Senators Bauer, Haugen, Loveland, Patterson and Thibaudeau were excused.


MOTION


      On motion of Senator McAuliffe, Gubernatorial Appointment No. 9185, Mark Wolfram, as a member of the Board of Trustees for Cascadia Community College District No. 30, was confirmed.


APPOINTMENT OF MARK WOLFRAM


      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 37; Nays, 0; Absent, 2; Excused, 10.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Wojahn - 37.

     Absent: Senators Finkbeiner and Rasmussen - 2.

     Excused: Senators Bauer, Haugen, Honeyford, Loveland, McCaslin, McDonald, Patterson, Sellar, Thibaudeau and Zarelli - 10.


MOTION


      On motion of Senator Rossi, Senator Winsley was excused.

 

SECOND READING

 

      SENATE BILL NO. 6298, by Senators Kohl-Welles, McAuliffe, Sheahan, Shin, B. Sheldon, Bauer, Winsley and Kline

 

Providing a space-available tuition waiver at public institutions of higher education for certain educational employees.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 6298 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. 6298.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6298 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 10; Absent, 1; Excused, 8.

     Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Jacobsen, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Patterson, Prentice, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Wojahn - 30.

     Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Horn, Johnson, Morton, Roach, Rossi and Stevens - 10.

     Absent: Senator Rasmussen - 1.

     Excused: Senators Bauer, Haugen, Honeyford, Loveland, McCaslin, Sellar, Winsley and Zarelli - 8.

      SENATE BILL NO. 6298, 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 Eide, Senator Rasmussen was excused.

 

SECOND READING

 

      SENATE BILL NO. 6703, by Senators Costa, Long, Hargrove, Winsley, Kline and Kohl-Welles (by request of Department of Community, Trade, and Economic Development)

 

Including prevention for potential victims of sexual assault as a core treatment service for victims of sexual assault.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, Senate Bill No. 6703 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6703.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6703 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 42.

     Excused: Senators Bauer, Honeyford, Loveland, McCaslin, Rasmussen, Sellar and Winsley - 7.

      SENATE BILL NO. 6703, 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. 6362, by Senators Zarelli, Hargrove, Honeyford, Hochstatter, Johnson, Swecker and Stevens

 

Changing provisions relating to the removal and placement of foster children.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, Senate Bill No. 6362 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. 6362.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6362 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

     Voting yea: Senators Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, 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 - 45.

     Excused: Senators Bauer, Loveland, McCaslin and Sellar - 4.

      SENATE BILL NO. 6362, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SENATE BILL NO. 6518, by Senators Wojahn, Winsley, Thibaudeau and Kohl-Welles (by request of Department of Health)

 

Modifying home health, home care, hospice, and in-home services.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Costa, the rules were suspended, Senate Bill No. 6518 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

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

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6518 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

     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, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.

     Absent: Senators Deccio and Swecker - 2.

     Excused: Senators McCaslin and Sellar - 2.

      SENATE BILL NO. 6518, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

SECOND READING

 

      SENATE JOINT MEMORIAL NO. 8015, by Senators Honeyford, Rasmussen, Fairley, Oke, Patterson, Heavey, Rossi, Hargrove, McAuliffe, Winsley, Bauer, Stevens and Kohl-Welles

 

Requesting businesses owned by disabled persons be a subcategory of minority business enterprises.

 

      The joint memorial was read the second time.

 

MOTION

 

      Senator Costa moved that the following amendment be adopted:

       On page 1, beginning on line 14, after "by" strike all material through "enterprises" on line 15 and insert "persons who can demonstrate social and economic disadvantage, including persons with a disability who can demonstrate social and economic disadvantage on that basis, as socially and economically disadvantaged business enterprises"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Costa on page 1, beginning on line 14, to Senate Memorial No. 8015.

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

 

MOTION

 

      On motion of Senator Prentice, the rules were suspended, Engrossed Senate Joint Memorial No. 8015 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 Joint Memorial No. 8015.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Joint Memorial No. 8015 and the joint memorial 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, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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 Finkbeiner - 1.

     Excused: Senators McCaslin and Sellar - 2.

      ENGROSSED SENATE JOINT MEMORIAL NO. 8015, having received the constitutional majority, was declared passed.

 

SECOND READING

 

      SENATE BILL NO. 6294, by Senators Jacobsen, Haugen and Oke

 

Creating the aquatic nuisance species committee.

 

MOTIONS

 

      On motion of Senator Jacobsen, Substitute Senate Bill No. 6294 was substituted for Senate Bill No. 6294 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. 6294 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. 6294.

 

 

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6294 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, 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 McCaslin and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6294, 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 Gardner, the following resolution was adopted:

 

SENATE RESOLUTION 2000-8706

 

By Senator Gardner

 

      WHEREAS, The Meridian Trojans, from Whatcom County, won their first State Class 2A Football Championship during the fall of 1999 with an impressive 57-14 victory over the formidable East Valley’s Red Devils of Yakima; and

      WHEREAS, The team finished the 1999-2000 season with a perfect 13-0 record; and

      WHEREAS, The Trojans have out scored opponents 686-127 points during the 1999-2000 season, to win the 1999 State Class 2A Football Title; and

      WHEREAS, The Trojans defeated almost every 3A and 4A team it played in passing leagues; and

      WHEREAS, With the guidance of Principal Jim Kristner, Coach Bob Ames, Assistant Coaches, and the faculty, along with the support of the Meridian Student Body and the community, the Trojans’ name will go down in history with pride in this accomplishment; and

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby recognize and honor the talent of the Meridian Trojans’ Football Team, and the great sense of pride they have given the people of the Meridian area; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Meridian High School, and the Meridian Trojans’ Football Team.

 

      Senators Gardner and Deccio spoke to Senate Resolution 2000-8706.

 

MOTION

 

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

 

SENATE RESOLUTION 2000-8714

 

By Senators McAuliffe, Long, Rasmussen, Kohl-Welles and Winsley

 

      WHEREAS, It is the policy of the Washington State Legislature to recognize extraordinary achievement in the field of education; and

      WHEREAS, Dr. Karen A. Forys, Superintendent of the Northshore School District, the state’s eighth largest district, has been named Superintendent of the Year; and

      WHEREAS, Under Dr. Forys’s direction, the Northshore School District has achieved the highest fourth and eighth grade standardized test scores in the state, and the district’s dropout rate is among the state’s lowest; and

      WHEREAS, Dr. Forys pushed for the International Baccalaureate Program at Inglemoor High School, a challenging curriculum that has kept some of the brightest students in public schools; and

      WHEREAS, Dr. Karen Forys has been named as one of four finalists for National Superintendent of the Year by the American Association of School Administrators; and

      WHEREAS, Dr. Forys will be attending the National Conference on Education in San Francisco in March, 2000, as the only finalist representing Washington;

      NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate do hereby honor Dr. Karen Forys for her dedicated work and achievement on behalf of children and education in the state of Washington; and

      BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to Dr. Karen Forys, the Superintendent of Public Instruction, and the Northshore School District Board of Directors.

 

      Senators McAuliffe, Long, Rasmussen and Winsley spoke to Senate Resolution 2000-8714.

INTRODUCTION OF SPECIAL GUEST

 

      The President welcomed and introduced Dr. Karen Forys, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit Dr. Forys to address the Senate.

 

 

 

 

INTRODUCTION OF SPECIAL GUESTS

 

      The President welcomed and introduced members of the Board of Directors and parents from the Northshore School District accompanying Dr. Forys, who were seated in the gallery.

 

MOTION

 

      At 10:12 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 10:55 a.m. by President Owen.

 

CHANGE IN STANDING COMMITTEE ASSIGNMENT

 

      The President announced that Senator Finkbeiner would replace Senator Rossi on the Energy, Technology and Telecommunications Committee.

 

MOTION

 

      On motion of Senator Betti Sheldon, the appointment was confirmed.

 

MOTION

 

      On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.

 

SECOND READING

 

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5659, by Senate Committee on Judiciary (originally sponsored by Senators Heavey, Roach, Kline, Johnson, Costa and Thibaudeau)

 

Changing mandatory arbitration of civil actions.

 

MOTIONS

 

      On motion of Senator Kline, Second Substitute Senate Bill No. 5659 was substituted for Engrossed Substitute Senate Bill No. 5659 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Kline, the rules were suspended, Second Substitute Senate Bill No. 5659 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. 5659.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5659 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 9; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 37.

     Voting nay: Senators Hale, Hochstatter, Honeyford, Horn, McDonald, Rossi, Sheldon, T., Stevens and West - 9.

     Absent: Senator Deccio - 1.

     Excused: Senators McCaslin and Sellar - 2.

      SECOND SUBSTITUTE SENATE BILL NO. 5659, 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 GUESTS

 

      The President welcomed and introduced Gustavo Anaya, the Director of Investment and Business Development for the state of Jalisco, Mexico, who was seated on the rostrum. Mr. Anaya is in Washington State on a staff exchange this week to help improve trade and cultural relations with Jalisco, Mexico. Jalisco is one of our state’s most important trading partners, especially with regard to high tech applications, apples and other agricultural products.

SECOND READING

 

      SENATE BILL NO. 6515, by Senators Heavey, McCaslin and Kline

 

Requiring mandatory arbitration in some counties.

 

      The bill was read the second time.

 

 

 

MOTION

 

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 6515 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 Benton: “Mr. President, I rise to ask the President of the Senate for a ruling on this measure. Does it, indeed, require a sixty percent or two-thirds vote? I rise to this point of order, because I am concerned about increasing fees after the people have instructed us not to raise fees without their approval. Could you please rule on whether or not this body has the authority to do that after the passage of 695 and whether or not, under Initiative 601, it requires a two-thirds vote to do so?”

 

MOTION

 

      On motion of Senator Betti Sheldon, further consideration of Senate Bill No. 6515 was deferred.

 

MOTION

 

      On motion of Senator Franklin, Senator Heavey was excused.

 

SECOND READING

 

      SENATE BILL NO. 6432, by Senators B. Sheldon, Horn, Haugen, Winsley, Sheahan, T. Sheldon, McAuliffe, Jacobsen and Gardner

 

Authorizing the preservation and development of national historic towns outside of urban growth areas.

 

MOTIONS

 

      On motion of Senator Betti Sheldon, Substitute Senate Bill No. 6432 was substituted for Senate Bill No. 6432 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Betti Sheldon, the following amendment by Senators Betti Sheldon, Kline and Hale was adopted:

      On page 2, line 15, after "buffering." insert "Provisions for transitional uses and buffering must be compatible with the town's historic character and must protect the rural character under the requirements of this chapter within and beyond the additional limited areas, including assuring visual compatibility."

 

MOTION

 

      On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute Senate Bill No. 6432 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. 6432.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6432 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Heavey, McCaslin and Sellar - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6432, 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. 6688, by Senators Goings, Patterson, Haugen and Rasmussen

 

Modifying fire district benefit charge provisions.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6688 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. 6688.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6688 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Heavey, McCaslin and Sellar - 3.

      SENATE BILL NO. 6688, 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. 6366, by Senators Brown, Hochstatter, Roach, Spanel, Shin, Prentice, Costa, Kohl-Welles, McAuliffe, Fraser, Thibaudeau, B. Sheldon, T. Sheldon, Bauer, Eide, Jacobsen, Gardner, Haugen, Patterson, Rasmussen, Winsley and Oke

 

Prohibiting false advertising through electronic communication.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Brown, the rules were suspended, Senate Bill No. 6366 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. 6366.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6366 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Heavey, McCaslin and Sellar - 3.

      SENATE BILL NO. 6366, 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. 6034, by Senators Brown, Hochstatter and Winsley

 

Restricting information about cable subscribers.

 

MOTIONS

 

      On motion of Senator Brown, Substitute Senate Bill No. 6034 was substituted for Senate Bill No. 6034 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. 6034 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. 6034.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6034 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, 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.

     Excused: Senators Heavey, McCaslin and Sellar - 3.

      SUBSTITUTE SENATE BILL NO. 6034, 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. 6367, by Senators Brown, Hochstatter, Roach, Kohl-Welles, Spanel, Franklin, Jacobsen, Prentice, Costa, McAuliffe, Fairley, Haugen, B. Sheldon, Thibaudeau, Shin, T. Sheldon, Bauer, Wojahn, Eide, Gardner, Patterson, Rasmussen, Winsley and Oke

 

Requiring telephone advertising clarity and disclosure.

 

MOTIONS

 

      On motion of Senator Brown, Substitute Senate Bill No. 6367 was substituted for Senate Bill No. 6367 and the substitute bill was placed on second reading and read the second time.

      Senator Finkbeiner moved that the following striking amendment by Senators Finkbeiner, Rossi and Hochstatter be adopted:

      Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The Washington Utilities and Transportation Commission shall convene a study group consisting of representatives from consumer groups, telecommunications companies, and the attorney general's office for the purpose of establishing advertising clarity and disclosure requirements for competitive local, local toll, and long distance calling plans. The advertising clarity and disclosure requirements shall be designed to ensure that consumers are informed with complete and accurate information about the calling plans they are offered.

       The commission shall complete the study and report its results to the legislature by December 1, 2000."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Finkbeiner, Rossi and Hochstatter to Substitute Senate Bill No. 6367.

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

 

MOTION

 

      On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 6367 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. 6367.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6367 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 20; Absent, 1; Excused, 2.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Wojahn - 26.

     Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Oke, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 20.

     Absent: Senator Winsley - 1.

     Excused: Senators McCaslin and Sellar - 2.

      SUBSTITUTE SENATE BILL NO. 6367, 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 to the Senate to the seventh order of business.

 

      There being no objection, the Senate resumed consideration of Senate Bill No. 6515 and the pending point of order by Senator Benton regarding the number of votes needed to pass the measure.

 

RULING BY THE PRESIDENT

 

      President Owen: “In ruling upon the point of order by Senator Benton concerning the number of votes necessary to pass Senate Bill No. 6515 in light of the passage of Initiative 695, the President finds that Initiative 695 requires that ‘any tax increase imposed by the state shall require a vote of the people.’ The President finds that Senate Bill No. 6515 is a measure which permits counties to assess a $120 filing fee for mandatory arbitration requests.

      “Because the measure does not impose a tax, the President need not rule at this time whether the absence of a referendum clause on a measure which does impose a tax constitutes an amendment to Initiative 695 requiring a two-thirds vote under Article 2, Section 1 of the State Constitution.

      “The President, therefore, rules that a simple majority is necessary to pass Senate Bill No. 6515.”

 

PARLIAMENTARY INQUIRY

 

      Senator Benton: “Thank you, Mr. President. I had also requested as a part of my point of order a ruling on 601 implications. Your ruling did not address the 601 question, only the 695 question.”

 

RULING BY THE PRESIDENT

 

      President Owen: “Senator Benton, the President did not understand that that was a part of your inquiry. Since you make that inquiry, I am prepared to rule that since this measure does not raise state general revenues, it does not take a two-thirds vote under Initiative 601.”

 

MOTION

 

      On motion of Senator Honeyford, Senator Winsley was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6515.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6515 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 13; Absent, 0; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau and Wojahn - 33.

     Voting nay: Senators Finkbeiner, Hale, Hochstatter, Honeyford, Johnson, McDonald, Morton, Roach, Rossi, Sheldon, T., Stevens, West and Zarelli - 13.

     Excused: Senators McCaslin, Sellar and Winsley - 3.

      SENATE BILL NO. 6515, 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 11:59 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 2:20 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, Senator Sheahan was excused.

 

SECOND READING

 

      SENATE BILL NO. 6675, by Senators Brown, Hochstatter, Hargrove, Costa and Sheahan (by request of Governor Locke)

 

Allowing public utility districts and rural port districts to provide telecommunications services.

 

MOTIONS

 

      On motion of Senator Brown, Substitute Senate Bill No. 6675 was substituted for Senate Bill No. 6675 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 Rossi be considered simultaneously and be adopted:

       On page 3, after line 6, insert the following:

       "(4) A public utility district may not subsidize the construction, acquisition, or provision of wholesale telecommunications services with revenues from its other utility operations, with tax revenues, or with proceeds from bonds or other debts incurred for its other utility operations unless and until it has first received approval of a resolution submitted to the voters of the district authorizing such subsidization. Any resolution submitted to a district's voters to authorize subsidization of wholesale telecommunications services must include notice that wholesale telecommunications services are competitive ventures not subject to a guaranteed rate of return and that district ratepayers may be required to satisfy any financial obligations incurred by the district if not recovered through such wholesale telecommunications operations."

       On page 5, after line 25, insert the following:

       "(4) A rural port district may not subsidize the construction, acquisition, or provision of wholesale telecommunications services with revenues from its other operations, with tax revenues, or with proceeds from bonds or other debts incurred for its other operations unless and until it has first received approval of a resolution submitted to the voters of the district authorizing such subsidization. Any resolution submitted to a district's voters to authorize subsidization of wholesale telecommunications services must include notice that wholesale telecommunications services are competitive ventures not subject to a guaranteed rate of return and that district ratepayers may be required to satisfy any financial obligations incurred by the district if not recovered through such wholesale telecommunications operations."

       Renumber the subsections 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 Rossi on page 3, after line 6, and page 5, after line 25, to Substitute Senate Bill No. 6675.

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

 

MOTION

 

      On motion of Senator Brown, the rules were suspended, Substitute Senate Bill No. 6675 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. 6675.

 

POINT OF INQUIRY

 

      Senator Thibaudeau: “Senator Brown, some of us visited a small hospital in Newport, Washington, this fall and found that they could not have access to much of telemedicine because they could not afford the rates. Would this bill potentially cover that?”

      Senator Brown: “Senator, thank you for your question. I can’t guarantee you that this bill alone will make a difference, but I believe that in this area, this would provide for investments that aren’t currently taking place, which could make the services available. I know that the issue of medical facilities having advanced telecommunication services in rural areas is a big issue and is part of the overall issue about making health care available in rural areas and I believe that this is a step in the right direction.”

      Senator Thibaudeau: “Thank you, Senator Brown.”

      Further debate ensued.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6675 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 1; Excused, 3.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Voting nay: Senator Long - 1.

     Absent: Senator Jacobsen - 1.

     Excused: Senators McCaslin, Sellar and Sheahan - 3.

      SUBSTITUTE SENATE BILL NO. 6675, 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 Eide, Senator Jacobsen was excused.

 

SECOND READING

 

      SENATE BILL NO. 6676, by Senators Finkbeiner and Brown (by request of Governor Locke)

 

Concerning the use of public rights of way in cities and towns.

 

MOTIONS

 

      On motion of Senator Brown, Substitute Senate Bill No. 6676 was substituted for Senate Bill No. 6676 and the substitute bill was placed on second reading and read the second time.

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

      On page 3, line 32, after "permit." strike "A" and insert "Except for good cause, a"

       On page 7, beginning on line 33, after "relocation." strike all material through "obligations." on line 35

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Fairley on page 3, line 32, and

page 7, beginning on line 33, to Substitute Senate Bill No. 6676.

      The motion by Senator Fairley carried and the amendments were adopted on a rising vote.

 

MOTION

 

      On motion of Senator Brown, the rules were suspended, Engrossed Substitute Senate Bill No. 6676 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. 6676.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6676 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 10; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McDonald, Morton, Patterson, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 35.

     Voting nay: Senators Deccio, Fairley, Franklin, Goings, Heavey, Honeyford, Long, Oke, Prentice and Wojahn - 10.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6676, 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. 6677, by Senators Brown and Finkbeiner (by request of Governor Locke)

 

Allowing new forms of regulation of telecommunications companies.

 

MOTION

 

      On motion of Senator Brown, Senate Bill No. 6677 was not substituted.

 

 

      The bill was read the second time.

 

MOTION

 

      Senator Brown moved that the following striking amendment be adopted:

      Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 80.36.135 and 1995 c 110 s 5 are each amended to read as follows:

       (1) The legislature declares that:

       (a) Changes in technology and the structure of the telecommunications industry may produce conditions under which traditional rate of return, rate base regulation of telecommunications companies may not in all cases provide the most efficient and effective means of achieving the public policy goals of this state as declared in RCW 80.36.300, this section, and RCW 80.36.145. The commission should be authorized to employ an alternative form of regulation if that alternative is better suited to achieving those policy goals.

       (b) Because of the great diversity in the scope and type of services provided by telecommunications companies, alternative regulatory arrangements that meet the varying circumstances of different companies and their ratepayers may be desirable.

       (2) Subject to the conditions set forth in this chapter and RCW 80.04.130, the commission may regulate telecommunications companies subject ((before July 23, 1989,)) to traditional rate of return, rate base regulation by authorizing an alternative form of regulation. The commission may determine the manner and extent of any alternative forms of regulation as may in the public interest be appropriate. In addition to the public policy goals declared in RCW 80.36.300, the commission shall consider, in determining the appropriateness of any proposed alternative form of regulation, whether it will:

       (a) ((Reduce regulatory delay and costs;

       (b) Encourage innovation in services;

       (c) Promote efficiency;

       (d) Facilitate the broad dissemination of technological improvements to all classes of ratepayers;

       (e) Enhance the ability of telecommunications companies to respond to competition;

       (f) Ensure that telecommunications companies do not have the opportunity to exercise substantial market power absent effective competition or effective regulatory constraints; and

       (g) Provide fair, just, and reasonable rates for all ratepayers.

       The commission shall make written findings of fact as to each of the above-stated policy goals in ruling on any proposed alternative form of regulation)) Facilitate the broad deployment of technological improvements and advanced telecommunications services to underserved areas or underserved customer classes;

       (b) Improve the efficiency of the regulatory process;

       (c) Preserve or enhance the development of effective competition and protect against the exercise of market power during its development;

       (d) Preserve or enhance service quality and protect against the degradation of the quality or availability of efficient telecommunications services;

       (e) Provide for rates and charges that are fair, just, reasonable, sufficient, and not unduly discriminatory or preferential; and

       (f) Not unduly or unreasonably prejudice or disadvantage any particular customer class.

       (3) A telecommunications company or companies subject to traditional rate of return, rate base regulation may petition the commission to establish an alternative form of regulation. The company or companies shall submit with the petition a plan for an alternative form of regulation. The plan shall contain a proposal for transition to the alternative form of regulation((. The commission shall review and may modify or reject the proposed)) and the proposed duration of the plan. The plan must also contain a proposal for ensuring adequate carrier-to-carrier service quality, including service quality standards or performance measures for interconnection, and appropriate enforcement or remedial provisions in the event the company fails to meet service quality standards or performance measures. The commission also may initiate consideration of alternative forms of regulation for a company or companies on its own motion. The commission ((may approve the plan or modified plan and authorize its implementation, if it finds, after notice and hearing, that the plan or modified plan:

       (a) Is in the public interest;

       (b) Is necessary to respond to such changes in technology and the structure of the intrastate telecommunications industry as are in fact occurring;

       (c) Is better suited to achieving the policy goals set forth in RCW 80.36.300 and this section than the traditional rate of return, rate base regulation;

       (d) Ensures that ratepayers will benefit from any efficiency gains and cost savings arising out of the regulatory change and will afford ratepayers the opportunity to benefit from improvements in productivity due to technological change;

       (e) Will not result in a degradation of the quality or availability of efficient telecommunications services;

       (f) Will produce fair, just, and reasonable rates for telecommunications services; and

       (g) Will not unduly or unreasonably prejudice or disadvantage any particular customer class.)), after notice and hearing, shall issue an order accepting, modifying, or rejecting the plan within six months after the petition or motion is filed, unless extended by the commission for good cause. The commission shall order implementation of the alternative plan of regulation unless it finds that, on balance, an alternative plan as proposed or modified fails to meet the considerations stated in subsection (2) of this section.

       (4) Not later than sixty days from the entry of the commission's order, the company or companies affected by the order may file with the commission an election not to proceed with the alternative form of regulation as authorized by the commission. ((If a company elects to appeal to the courts the final order of the commission authorizing an alternative form of regulation, it shall not change its election to proceed or not proceed after the appeal is concluded. The pendency of a petition by a company for judicial review of the final order shall not serve to extend the sixty-day period.))

       (5) The commission may waive such regulatory requirements under Title 80 RCW for a telecommunications company subject to an alternative form of regulation as may be appropriate to facilitate the implementation of this section((: PROVIDED, That the commission may not grant the authority to price list services except as provided in RCW 80.36.300 through 80.36.370, the regulatory flexibility act, nor may it waive any statutory requirements or grants of legal rights to any person contained in this chapter and chapter 80.04 RCW as amended, except as otherwise expressly provided)). However, the commission may not waive any grant of legal rights to any person contained in this chapter and chapter 80.04 RCW. The commission may waive different regulatory requirements for different companies or services if such different treatment is in the public interest.

       (6) Upon petition by ((any person, or upon its own motion)) the company, and after notice and hearing, the commission may rescind ((its approval of)) or modify an alternative form of regulation ((if, after notice and hearing, it finds that the conditions set forth in subsection (3) of this section can no longer be satisfied. The commission or any person may file a complaint alleging that the rates charged by a telecommunications company under an alternative form of regulation are unfair, unjust, unreasonable, unduly discriminatory, or are otherwise not consistent with the requirements of chapter 101, Laws of 1989: PROVIDED, That the complainant shall bear the burden of proving the allegations in the complaint)) in the manner requested by the company.

       (7) This section does not limit the right of the commission or any person to file a complaint against a telecommunications company under the provisions of RCW 80.04.110 alleging a violation of the rates, terms, or conditions of an alternative form of regulation approved under this section. Notwithstanding the requirement of RCW 80.04.110(1), a complaint may be entertained by the commission as to the reasonableness of the schedule of the rates or charges of any telecommunications company subject to an alternative form of regulation approved under this section upon petition by any customer of the company. The complainant shall bear the burden of proving the allegation in any such complaint."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Brown to Senate Bill No. 6677.

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

 

 

 

 

MOTIONS

 

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

       On page 1, line 2 of the title, after "companies;" strike the remainder of the title and insert "and amending RCW 80.36.135."

      On motion of Senator Brown, the rules were suspended, Engrossed Senate Bill No. 6677 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. 6677.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6677 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and Winsley - 38.

     Voting nay: Senators Benton, Deccio, Honeyford, Stevens, West, Wojahn and Zarelli - 7.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SENATE BILL NO. 6677, 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 Brown: “A point of personal privilege, Mr. President. I just want to say that this package of bills is clearly not all the way through the process, but I think the fact that we passed them through the Senate represents a very important step forward for our state. I would just like to briefly thank a few people who have been working very hard. First of all, there is an entire group of stake holders out there who are nervously holding hands on each of these three bills. I want to thank them and encourage them to continue to work with us as we get them all the way through the process.

      “Second, I would like to thank especially Dave Danner in the Governor’s office and the staff of the Senate Energy, Technology and Telecommunications Committee who have been incredibly diligent in responding to everybody’s concerns about the bill. Then, finally I would like to thank my colleagues across the aisle, in particular, Senators Finkbeiner, Hochstatter and Rossi who have been working with me as well.

      “For Senator Hochstatter and I, this has probably been the most bills that we have ever agreed on in one short period of time since we have been in the Senate together. Meaning no disrespect to anybody, I have to say that sometimes it feels like the lyrics to a popular song, ‘Clowns to the left of me, jokers to the right, here I am stuck in the middle with you.’ For anybody considering Senator Hochstatter and I in the middle, that tells you what kind of a balancing act we are doing here. Thank you all very much.”

 

SECOND READING

 

      SENATE BILL NO. 6364, by Senators Wojahn, Hochstatter, Fairley, Deccio, Prentice, Hargrove, Thibaudeau, Jacobsen, Winsley, Costa, Kohl-Welles and Oke

 

Including preapprenticeship programs in the definition of work activity.

 

      The bill was read the second time.

 

MOTIONS

 

      On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendment was adopted:

       On page 1, line 19, after "program" insert ", which shall be considered preemployment training in the WorkFirst program provided that the training is no more than twenty weeks in duration"

      On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 6364 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. 6364.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6364 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 14; Absent, 0; Excused, 4.

     Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 31.

     Voting nay: Senators Benton, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Rossi, Stevens, Swecker, West and Zarelli - 14.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SENATE BILL NO. 6364, 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. 6365, by Senators Wojahn, Hochstatter, Fairley, Long, Deccio, Prentice, Hargrove, Thibaudeau, Jacobsen, Winsley, Costa, Kohl-Welles and McAuliffe

 

Developing apprenticeship opportunities for WorkFirst clients.

 

MOTIONS

 

      On motion of Senator Fairley, Substitute Senate Bill No. 6365 was substituted for Senate Bill No. 6365 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. 6365 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. 6365.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6365 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.-

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn and Zarelli - 37.

     Voting nay: Senators Deccio, Finkbeiner, Hale, Johnson, McDonald, Morton, Rossi and West - 8.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6365, 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. 6467, by Senators Goings, Haugen, Eide, Sellar and Winsley

 

Updating license fraud laws.

 

MOTIONS

 

      On motion of Senator Goings, Substitute Senate Bill No. 6467 was substituted for Senate Bill No. 6467 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 6467 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. 6467.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6467 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Brown - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6467, 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. 6395, by Senators Franklin, Hochstatter, Fairley, Swecker and Winsley

 

Establishing a commission to study issues involving DNA technology.

 

MOTIONS

 

      On motion of Senator Hargrove, Substitute Senate Bill No. 6395 was substituted for Senate Bill No. 6395 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the following amendments by Senators Hargrove and Franklin were considered simultaneously and were adopted:

       On page 3, at the beginning of line 28, strike "third-party"

       On page 7, line 15, after "individual;" strike "and"

       On page 7, line 20, after "law" insert "; and

       (h) In death investigations for purposes of identifying the decedent"

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6395 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. 6395.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6395 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6395, 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. 6722, by Senators Hargrove, Snyder, Stevens, Rasmussen and Oke

 

Providing procedures for handling false reports of child abuse or neglect.

 

MOTIONS

 

      On motion of Senator Hargrove, Substitute Senate Bill No. 6722 was substituted for Senate Bill No. 6722 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. 6722 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. 6722.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6722 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Deccio - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6722, 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. 6731, by Senators Spanel and Gardner

 

Creating a Lake Whatcom forest land management plan.

 

MOTIONS

 

      On motion of Senator Spanel, Second Substitute Senate Bill No. 6731 was substituted for Senate Bill No. 6731 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Spanel, the following amendment by Senators Spanel, Jacobsen, Hargrove, Oke and Morton was adopted:

       On page 2, line 17, after "harvest" insert "and all road construction"

 

MOTION

 

      On motion of Senator Spanel, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6731 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 Second Substitute Senate Bill No. 6731.

 

 

 

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6731 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6731, 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. 6244, by Senators Costa, McCaslin, Kline, Long, Prentice, Zarelli, Fairley, Gardner, Thibaudeau, Heavey, Goings, Kohl-Welles, McAuliffe and Winsley

 

Extending juvenile court jurisdiction for the purpose of enforcing penalty assessments.

 

MOTIONS

 

      On motion of Senator Hargrove, Substitute Senate Bill No. 6244 was substituted for Senate Bill No. 6244 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. 6244 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. 6244.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6244 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Honeyford - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6244, 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. 6442, by Senators Spanel, Winsley, Prentice, Gardner, Kline and Haugen

 

Removing a definition of affordable housing.

 

MOTIONS

 

      On motion of Senator Spanel, Substitute Senate Bill No. 6442 was substituted for Senate Bill No. 6442 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, Substitute Senate Bill No. 6442 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. 6442.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6442 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Thibaudeau - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6442, 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 Hochstatter was excused.

 

SECOND READING

 

      SENATE BILL NO. 6812, by Senator Prentice

 

Allowing contract brewing by domestic brewers.

 

MOTIONS

 

      On motion of Senator Prentice, Substitute Senate Bill No. 6812 was substituted for Senate Bill No. 6812 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6812 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. 6812.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6812 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, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Hochstatter, Jacobsen, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6812, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

 

MOTION

 

      On motion of Senator Franklin, Senator Loveland was excused.

 

SECOND READING

 

      SENATE BILL NO. 6459, by Senators Bauer and Rasmussen

 

Prohibiting the use of identifying information to solicit undesired mail.

 

MOTIONS

 

      On motion of Senator Heavey, Substitute Senate Bill No. 6459 was substituted for Senate Bill No. 6459 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. 6459 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. 6459.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6459 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, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Jacobsen, Loveland, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6459, 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. 6071, by Senators Rossi, Johnson, McCaslin, T. Sheldon and Oke

 

Increasing penalties for hit and run where an injury or death occurs.

 

MOTIONS

 

      On motion of Senator Heavey, Substitute Senate Bill No. 6071 was substituted for Senate Bill No. 6071 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. 6071 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. 6071.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6071 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 6071, 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. 6741, by Senators Horn, Fairley, Winsley and Oke (by request of Washington State Patrol)

 

Adding the secretary of corrections to the organized crime advisory board.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6741 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. 6741.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6741 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Fairley - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SENATE BILL NO. 6741, 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

 

      ENGROSSED 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.

 

MOTIONS

 

      On motion of Senator Kohl-Welles, Substitute Senate Bill No. 5330 was substituted for Engrossed Senate Bill No. 5330 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. 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 Substitute Senate Bill No. 5330.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5330 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE 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.

 

SECOND READING

 

      SENATE BILL NO. 6389, by Senators Stevens, Hargrove and Long

 

Extending juvenile court jurisdiction over permanency planning matters in dependency proceedings.

 

MOTIONS

 

      On motion of Senator Hargrove, Substitute Senate Bill No. 6389 was substituted for Senate Bill No. 6389 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Stevens, the following amendment by Senators Stevens, Hargrove and Long was adopted:

       On page 4, line 38, after "13.34" strike "or" and insert "RCW, or chapter"

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6389 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 Substitute Senate Bill No. 6389.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6389 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Deccio - 1.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6389, 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. 6305, by Senators Franklin and Kohl-Welles

 

Changing provisions relating to guardians ad litem.

 

MOTIONS

 

      On motion of Senator Hargrove, Substitute Senate Bill No. 6305 was substituted for Senate Bill No. 6305 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the following amendments by Senators Franklin and Hargrove were considered simultaneously and were adopted:

      On page 12, line 10, after "(d)" insert "To be an advocate in all nonjudicial forums or proceedings to intercede, interact, interpret, and make recommendations in the best interests of the child or ward;

       (e)"

       On page 12, at the beginning of line 12, strike "(e)" and insert "(f)"

       On page 13, line 13, after "interests" insert "and to be an advocate in all nonjudicial forums or proceedings to intercede, interact, interpret, and make recommendations in the best interests of the child or ward"

 

MOTION

 

      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6305 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. 6305.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6305 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6305, 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 Franklin: “A point of personal privilege, Mr. President. I would like to just take this opportunity to thank Senator Jeanine Long and Senator Hargrove and the many others who have really worked in order to see that we had a really good bill in order to really benefit children and those who work with children. It was not easy; this is not an easy subject. You have many players and to work and to wade through all of the details and to meet everyone’s needs has really been a challenge, but you stuck with me. Now, I would like for you to stick with me as we go to the other house. Thank you very much.”

 

SECOND READING

 

      SENATE BILL NO. 6748, by Senators Sellar, Patterson, McCaslin and T. Sheldon

 

Increasing local government debt limits to finance capital facilities.

 

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6748 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6748.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6748 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SENATE BILL NO. 6748, 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.

 

POINT OF INQUIRY

 

      Senator Deccio: “Senator Patterson, I understand that we are having spaghetti and meat balls. Is that right?”

      Senator Patterson: “I think that is right.”

      Senator Deccio: “Is that right? Good, I think I will go and have Chinese.”

 

SECOND READING

 

      SENATE BILL NO. 6285, by Senators Hargrove, Rasmussen, McAuliffe, Oke and Kohl-Welles

 

Establishing Pearl Harbor remembrance day.

 

      The bill was read the second time.

 

MOTION

 

      On motion of Senator Patterson, the rules were suspended, Senate Bill No. 6285 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. 6285.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Senate Bill No. 6285 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

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

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

      SENATE BILL NO. 6285, 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 introduced former State Senator and former United States Representative Mike Kreidler, who was seated in the gallery.

 

MOTION

 

      At 5:08 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

 

      The Senate was called to order at 6:22 p.m. by President Owen.

 

MOTION

 

      On motion of Senator Goings, Gubernatorial Appointment No. 9188, Katherine Kenison, as a member of the Board of Trustees for Big Bend Community College District No. 18, was confirmed.

 

APPOINTMENT OF KATHERINE KENISON

 

      The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 7; Excused, 4.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Johnson, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Wojahn and Zarelli - 38.

     Absent: Senators Benton, Brown, Haugen, Horn, Kline, Roach and Winsley - 7.

     Excused: Senators Jacobsen, McCaslin, Sellar and Sheahan - 4.

 

MOTION


      On motion of Senator Eide, Senator Brown was excused.


MOTION


      At 6:30 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 7:12 p.m. by President Owen.


      There being no objection, the President advanced the Senate to the seventh order of business.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5590, by Senate Committee on Health and Long-Term Care (originally sponsored by Senators Thibaudeau, Deccio, Wojahn and Winsley) (by request of Superintendent of Public Instruction Bergeson)

 

Expanding the health professionals who may request administration of oral medication at school.


      The bill was read the third time.

      Senators Thibaudeau and Deccio spoke to Substitute Senate Bill No. 5590.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5590.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5590 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Absent: Senator Hale - 1.

     Excused: Senators Brown, McCaslin, Sellar and Sheahan - 4.

      SUBSTITUTE SENATE BILL NO. 5590, 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 Honeyford, Senator Hale was excused.





SECOND READING


      SENATE BILL NO. 6626, by Senators Roach, Benton, Swecker, Johnson, Stevens, Zarelli, Honeyford, Morton, Finkbeiner, Hochstatter and Hale

 

Authorizing the conditional employment of teachers with lapsed certificates.


MOTIONS


      On motion of Senator Goings, Substitute Senate Bill No. 6626 was substituted for Senate Bill No. 6626 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Roach, the rules were suspended, Substitute Senate Bill No. 6626 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. 6626.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6626 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6626, 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. 6202, by Senators Kohl-Welles, Stevens, Hargrove, Long, Costa, Fairley, McAuliffe and Winsley

 

Providing limitations on placement of a child in out-of-home care when a conflict of interest exists.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6202 was substituted for Senate Bill No. 6202 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. 6202 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. 6202.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6202 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 2; Absent, 1; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 41.

     Voting nay: Senators Thibaudeau and Wojahn - 2.

     Absent: Senator Deccio - 1.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6202, 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. 6645, by Senators Eide, Swecker, Brown, Rasmussen, McAuliffe, Goings, Patterson, Hochstatter, Zarelli, Kohl-Welles, Finkbeiner, Shin and Bauer (by request of Governor Locke and Superintendent of Public Instruction Bergeson)

 

Changing the future teachers conditional scholarship program.


MOTIONS


      On motion of Senator Eide, Substitute Senate Bill No. 6645 was substituted for Senate Bill No. 6645 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 6645 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. 6645.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6645 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6645, 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.


THIRD READING


      SUBSTITUTE SENATE BILL NO. 5001, by Senate Committee on Natural Resources, Parks and Recreation (originally sponsored by Senators Morton, Deccio, Honeyford, T. Sheldon, Swecker, Hargrove, Rossi, Hochstatter, Oke and Rasmussen)

 

Authorizing hunting of cougar with the aid of dogs.


MOTION


      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5001 was returned to second reading and read the second time


MOTION


      Senator Morton moved that the following striking amendment be adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 77.16.360 and 1997 c 1 s 1 are each amended to read as follows:

       (1) Notwithstanding the provisions of RCW ((77.12.240 and 77.12.265 or other provisions of law)) 77.36.020 or 77.36.030, it is unlawful to take, hunt, or attract black bear with the aid of bait.

       (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.

       (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.

       (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.

       (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.

       (2) Notwithstanding RCW ((77.12.240 or any other provisions of law)) 77.36.020 or 77.36.030, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.

       (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. ((A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director under RCW 77.12.265.))

       (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, or removal of black bear, cougar, bobcat, or lynx for scientific purposes.

       (3) Notwithstanding subsections (1) and (2) of this section:

       (a) The commission shall authorize the use of dogs only within a game management unit to address a specific cougar population or public safety need. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.

       (b) The director may authorize the use of dogs or bait with a permit issued under RCW 77.12.240.

       (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and a hunting license shall not be issued for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.

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

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senator Morton to Substitute Senate Bill No. 5001.

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


MOTIONS


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

       On page 1, line 1 of the title, after "cougar;" strike the remainder of the title and insert "amending RCW 77.16.360; and declaring an emergency."

      On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute Senate Bill No. 5001 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 Substitute Senate Bill No. 5001.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5001 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 13; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Finkbeiner, Franklin, Gardner, Hargrove, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Long, Loveland, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 31.

     Voting nay: Senators Eide, Fairley, Fraser, Goings, Haugen, Heavey, Kline, Kohl-Welles, McAuliffe, Patterson, Prentice, Sheldon, B. and Thibaudeau - 13.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6645, 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. 6272, by Senators Franklin, McCaslin, Heavey, Long, Sheahan, Goings, Hargrove and Snyder

 

Modifying laws that regulate private communications or conversations.


      The bill was read the second time.

MOTION


      On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6272 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. 6272.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 6272 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, West, Winsley, Wojahn and Zarelli - 43.

     Voting nay: Senator Thibaudeau - 1.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SENATE BILL NO. 6272, 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. 6400, by Senators Wojahn, Costa, Kohl-Welles, Winsley, Rasmussen and McAuliffe (by request of Governor Locke)

 

Changing provisions relating to domestic violence.


MOTIONS


      On motion of Senator Heavey, Second Substitute Senate Bill No. 6400 was substituted for Senate Bill No. 6400 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the following amendment by Senators Hargrove, Long, Costa, Fairley and Heavey was adopted:

       On page 44, line 30, after "section." insert "In determining whether a violation occurred, the court shall consider the totality of the circumstances. It shall be an affirmative defense to a charge of violating an order by knowingly coming or remaining within a specified distance of another person that the person charged did not initiate the contact and did not unreasonably continue the contact."


MOTION


      On motion of Senator Wojahn, the rules were suspended, Engrossed Second Substitute Senate Bill No. 6400 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 Second Substitute Senate Bill No. 6400.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6400 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 7; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 37.

     Voting nay: Senators Benton, Honeyford, Johnson, Roach, Rossi, Stevens and Zarelli - 7.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6400, 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. 6682, by Senators Costa, Winsley and Kohl-Welles (by request of Department of Social and Health Services)

 

Developing a workplace safety plan for state hospitals.


MOTIONS


      On motion of Senator Costa, Substitute Senate Bill No. 6682 was substituted for Senate Bill No. 6682 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 6682 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. 6682.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6682 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6682, 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. 6218, by Senators Hargrove, Long and Costa

 

Making technical and clarifying amendments to the family reconciliation act.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6218 was substituted for Senate Bill No. 6218 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hargrove, the following amendment by Senators Hargrove, Loveland and Long was adopted:

       On page 20, after line 18, strike all material on lines 19 through 26


MOTION


      On motion of Senator Hargrove, the rules were suspended, Engrossed Substitute Senate Bill No. 6218 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 Substitute Senate Bill No. 6218.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6218 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6218, 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. 6419, by Senators Swecker, Gardner, Fraser, T. Sheldon, Goings, Rasmussen and Oke

 

Increasing penalties for vehicle abandonment.


MOTIONS


      On motion of Senator Gardner, Substitute Senate Bill No. 6419 was substituted for Senate Bill No. 6419 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Gardner, the rules were suspended, Substitute Senate Bill No. 6419 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. 6419.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6419 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 10; Absent, 0; Excused, 5.

     Voting yea: Senators Benton, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Goings, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Loveland, McAuliffe, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 34.

     Voting nay: Senators Bauer, Deccio, Franklin, Hargrove, Honeyford, Kohl-Welles, Long, Morton, Snyder and Wojahn - 10.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6419, 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. 5540, by Senators Deccio, Wojahn and Thibaudeau (by request of Department of Health)

 

Concerning the public disclosure of department of health information received through the hospital licensing process.


MOTIONS


      On motion of Senator Thibaudeau, Second Substitute Senate Bill No. 5540 was substituted for Senate Bill No. 5540 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Thibaudeau, the following striking amendment by Senators Thibaudeau and Deccio was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 70.41.150 and 1985 c 213 s 24 are each amended to read as follows:

       Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, ((shall not)) may be disclosed publicly ((in such manner as to identify individuals or hospitals, except in a proceeding involving the question of licensure. Such records of the department shall at all times be available to the council and the members thereof)), as permitted under chapter 42.17 RCW, subject to the following provisions:

       (1) Licensing inspections, or complaint investigations regardless of findings, shall, as requested, be disclosed no sooner than three business days after the hospital has received the resulting assessment report;

       (2) Information regarding administrative action against the license shall, as requested, be disclosed after the hospital has received the documents initiating the administrative action;

       (3) Information about complaints that did not warrant an investigation shall not be disclosed except to notify the hospital and the complainant that the complaint did not warrant an investigation. If requested, the individual complainant shall receive information on other like complaints that have been reported against the hospital; and

       (4) Information disclosed pursuant to this section shall not disclose individual names.

       NEW SECTION. Sec. 2. A new section is added to chapter 70.41 RCW to read as follows:

       Any complaint against a hospital and event notification required by the department that concerns patient well-being shall be investigated.

       Sec. 3. RCW 70.41.200 and 1994 sp.s. c 9 s 742 are each amended to read as follows:

       (1) Every hospital shall maintain a coordinated quality improvement program for the improvement of the quality of health care services rendered to patients and the identification and prevention of medical malpractice. The program shall include at least the following:

       (a) The establishment of a quality improvement committee with the responsibility to review the services rendered in the hospital, both retrospectively and prospectively, in order to improve the quality of medical care of patients and to prevent medical malpractice. The committee shall oversee and coordinate the quality improvement and medical malpractice prevention program and shall ((insure)) ensure that information gathered pursuant to the program is used to review and to revise hospital policies and procedures;

       (b) A medical staff privileges sanction procedure through which credentials, physical and mental capacity, and competence in delivering health care services are periodically reviewed as part of an evaluation of staff privileges;

       (c) The periodic review of the credentials, physical and mental capacity, and competence in delivering health care services of all persons who are employed or associated with the hospital;

       (d) A procedure for the prompt resolution of grievances by patients or their representatives related to accidents, injuries, treatment, and other events that may result in claims of medical malpractice;

       (e) The maintenance and continuous collection of information concerning the hospital's experience with negative health care outcomes and incidents injurious to patients, patient grievances, professional liability premiums, settlements, awards, costs incurred by the hospital for patient injury prevention, and safety improvement activities;

       (f) The maintenance of relevant and appropriate information gathered pursuant to (a) through (e) of this subsection concerning individual physicians within the physician's personnel or credential file maintained by the hospital;

       (g) Education programs dealing with quality improvement, patient safety, injury prevention, staff responsibility to report professional misconduct, the legal aspects of patient care, improved communication with patients, and causes of malpractice claims for staff personnel engaged in patient care activities; and

       (h) Policies to ensure compliance with the reporting requirements of this section.

       (2) Any person who, in substantial good faith, provides information to further the purposes of the quality improvement and medical malpractice prevention program or who, in substantial good faith, participates on the quality improvement committee shall not be subject to an action for civil damages or other relief as a result of such activity.

       (3) Information and documents, including complaints and incident reports, created specifically for, and collected, and maintained by a quality improvement committee are not subject to discovery or introduction into evidence in any civil action, and no person who was in attendance at a meeting of such committee or who participated in the creation, collection, or maintenance of information or documents specifically for the committee shall be permitted or required to testify in any civil action as to the content of such proceedings or the documents and information prepared specifically for the committee. This subsection does not preclude: (a) In any civil action, the discovery of the identity of persons involved in the medical care that is the basis of the civil action whose involvement was independent of any quality improvement activity; (b) in any civil action, the testimony of any person concerning the facts which form the basis for the institution of such proceedings of which the person had personal knowledge acquired independently of such proceedings; (c) in any civil action by a health care provider regarding the restriction or revocation of that individual's clinical or staff privileges, introduction into evidence information collected and maintained by quality improvement committees regarding such health care provider; (d) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restrictions imposed, if any and the reasons for the restrictions; or (e) in any civil action, discovery and introduction into evidence of the patient's medical records required by regulation of the department of health to be made regarding the care and treatment received.

       (4) Each quality improvement committee shall, on at least a semiannual basis, report to the governing board of the hospital in which the committee is located. The report shall review the quality improvement activities conducted by the committee, and any actions taken as a result of those activities.

       (5) The department of health shall adopt such rules as are deemed appropriate to effectuate the purposes of this section.

       (6) The medical quality assurance commission or the board of osteopathic medicine and surgery, as appropriate, may review and audit the records of committee decisions in which a physician's privileges are terminated or restricted. Each hospital shall produce and make accessible to the commission or board the appropriate records and otherwise facilitate the review and audit. Information so gained shall not be subject to the discovery process and confidentiality shall be respected as required by subsection (3) of this section. Failure of a hospital to comply with this subsection is punishable by a civil penalty not to exceed two hundred fifty dollars.

       (7) The department, the joint commission on accreditation of health care organizations, and any other accrediting organization may review and audit the records of a quality improvement committee or peer review committee in connection with their inspection and review of hospitals. Information so obtained shall not be subject to the discovery process, and confidentiality shall be respected as required by subsection (3) of this section. Each hospital shall produce and make accessible to the department the appropriate records and otherwise facilitate the review and audit.

       (8) Violation of this section shall not be considered negligence per se.

       NEW SECTION. Sec. 4. A new section is added to chapter 70.41 RCW to read as follows:

       Every hospital shall post in conspicuous locations a notice of the department's hospital complaint toll-free telephone number. The form of the notice shall be approved by the department.

       Sec. 5. RCW 42.17.310 and 1999 c 326 s 3, 1999 c 290 s 1, and 1999 c 215 s 1 are each reenacted and amended to read as follows:

       (1) The following are exempt from public inspection and copying:

       (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

       (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

       (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

       (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

       (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

       (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

       (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

       (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

       (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

       (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

       (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

       (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

       (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

       (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

       (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

       (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

       (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

       (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

       (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

       (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

       (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

       (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

       (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

       (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

       (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

       (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

       (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

       (bb) Financial and valuable trade information under RCW 51.36.120.

       (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

       (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

       (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

       (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

       (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

       (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

       (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

       (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

       (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

       (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

       (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

       (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

       (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

       (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

       (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

       (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

       (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

       (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

       (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

       NEW SECTION. Sec. 6. A new section is added to chapter 70.41 RCW to read as follows:

       The department is authorized to adopt rules necessary to implement sections 1, 2, and 4 of this act."


MOTIONS


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

       On page 1, line 1 of the title, after "information;" strike the remainder of the title and insert "amending RCW 70.41.150 and 70.41.200; reenacting and amending RCW 42.17.310; and adding new sections to chapter 70.41 RCW."

      On motion of Senator Thibaudeau, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5540 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 Second Substitute Senate Bill No. 5540.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5540 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5540, 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. 6589, by Senators Prentice, Hale, Deccio, Rasmussen, Loveland, B. Sheldon, West, McAuliffe and Kohl-Welles



 

Allowing domestic wineries to exercise licensing privileges at up to two additional locations.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 6589 was substituted for Senate Bill No. 6589 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6589 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 Eide, Senator Gardner was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6589.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6589 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

     Excused: Senators Brown, Gardner, Hale, McCaslin, Sellar and Sheahan - 6.

      SUBSTITUTE SENATE BILL NO. 6589, 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. 6328, by Senators Franklin and Winsley

 

Requiring training for persons administering oral medications at school.


MOTIONS


      On motion of Senator Franklin, Substitute Senate Bill No. 6328 was substituted for Senate Bill No. 6328 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Franklin, the rules were suspended, Substitute Senate Bill No. 6328 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. 6328.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6328 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6328, 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. 6357, by Senators Patterson, Horn, Haugen, Honeyford, Loveland, Winsley, Kline, McCaslin, Gardner and Spanel

 

Funding the municipal research council.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 6357 was substituted for Senate Bill No. 6357 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 6357 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. 6357.





ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6357 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 43.

     Voting nay: Senator Finkbeiner - 1.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6357, 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 Bill No. 6161, which was on the second reading calendar, was referred to the Committee on Commerce, Trade, Housing and Financial Institutions.

SECOND READING


      SENATE BILL NO. 6375, by Senators Long, Hargrove, Franklin, Stevens, Kohl-Welles, Winsley, Costa and McAuliffe

 

Clarifying timelines, information sharing, and evidentiary standards in mental health competency procedures.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6375 was substituted for Senate Bill No. 6375 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. 6375 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, Senator Loveland was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6375.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6375 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.

     Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

     Absent: Senator Deccio - 1.

     Excused: Senators Brown, Hale, Loveland, McCaslin, Sellar and Sheahan - 6.

      SUBSTITUTE SENATE BILL NO. 6375, 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. 6232, by Senators Fairley, Oke, Hochstatter and Rasmussen (by request of Office of Lieutenant Governor Owen, Department of Labor and Industries and Department of Social and Health Services)

 

Evaluating drug-free workplace programs.


      The bill was read the second time.


MOTIONS


      On motion of Senator Fairley, the following Committee on Labor and Workforce Development amendment was adopted:

      On page 1, line 7, after "through" insert "14 and"

      On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 6232 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. 6232.





ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6232 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      ENGROSSED SENATE BILL NO. 6232, 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. 6259, by Senators Patterson, Prentice, Shin, Eide, Heavey, Deccio, Gardner, Kohl-Welles, McAuliffe, Kline, Thibaudeau, Franklin, Bauer, Goings and Costa

 

Issuing credit cards to persons under the age of twenty-one.


MOTIONS


      On motion of Senator Patterson, Substitute Senate Bill No. 6259 was substituted for Senate Bill No. 6259 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 6259 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. 6259.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6259 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 15; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Oke, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 29.

     Voting nay: Senators Deccio, Finkbeiner, Hochstatter, Honeyford, Horn, Johnson, Long, McDonald, Morton, Roach, Rossi, Sheldon, T., Stevens, Swecker and Zarelli - 15.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6259, 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. 6336, by Senators Hargrove, Long, Sheahan and Costa (by request of Department of Corrections)

 

Eliminating retroactive tolling provisions for restitution/legal financial obligations and allowing tolling for other forms of supervision.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 6336 was substituted for Senate Bill No. 6336 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. 6336 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. 6336.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6336 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.

     Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.

     Excused: Senators Brown, Hale, McCaslin, Sellar and Sheahan - 5.

      SUBSTITUTE SENATE BILL NO. 6336, 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 9:27 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Saturday, February 12, 2000.


BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate