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FORTY-FIFTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, February 27, 2002

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

      The Sergeant at Arms Color Guard, consisting of Pages Andrei Guild and Aaron John, presented the Colors. Reverend Dave Robbs, assistant pastor of the CityGate Church in Puyallup, 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.

REPORTS OF STANDING COMMITTEES

February 26, 2002

SB 6348             Prime Sponsor, Senator Haugen: Making supplemental transportation appropriations. Reported by Committee on Transportation

      MAJORITY Recommendation: That Substitute Senate Bill No. 6348 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, McAuliffe, McDonald, Shin and Swecker.

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

      Passed to Committee on Rules for second reading.

February 25, 2002

SB 6585             Prime Sponsor, Senator Thibaudeau: Authorizing collection of support payments for developmentally disabled children in out-of-home care. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Hewitt, Kline, Kohl-Welles, Rasmussen, Rossi, B. Sheldon, Spanel and Thibaudeau.

      Passed to Committee on Rules for second reading.

February 26, 2002

SB 6820             Prime Sponsor, Senator Snyder: Transferring emergency reserve funds. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Kline, Kohl-Welles, Poulsen, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Hewitt, Honeyford, Rossi and Sheahan.

      Passed to Committee on Rules for second reading.

February 26, 2002

SB 6822             Prime Sponsor, Senator Poulsen: Clarifying that use tax is due on certain direct mail advertising pieces. Reported by Committee on Ways and Means

      MAJORITY Recommendation: That Substitute Senate Bill No. 6822 be substituted therefor, and the substitute bill do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Kline, Kohl-Welles, Poulsen, Rasmussen, B. Sheldon, Snyder, Spanel and Thibaudeau.

      Passed to Committee on Rules for second reading.

February 26, 2002

ESHB 1005        Prime Sponsor, House Committee on Technology, Telecommunications and Energy: Allowing the granting of easements on state-owned aquatic lands for local public utility lines. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

      Referred to Committee on Ways and Means.

February 25, 2002

SHB 1189          Prime Sponsor, House Committee on Judiciary: Enforcing protection of archaeological sites. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 25, 2002

SHB 1268          Prime Sponsor, House Committee on State Government: Enacting the personnel system reform act of 2002. Reported by Committee on Labor, Commerce and Financial Institutions

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

MINORITY Recommendation: Do not pass. Signed by Senators Benton and Deccio.

      Referred to Committee on Ways and Means.

February 26, 2002

HB 1454            Prime Sponsor, Representative Fisher: Granting the utilities and transportation commission authority to inspect businesses that ship hazardous materials by rail. Reported by Committee on Transportation

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, McAuliffe, Oke, Shin and Swecker.

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

      Passed to Committee on Rules for second reading.

February 25, 2002

ESHB 1474        Prime Sponsor, House Committee on Appropriations: Splitting the department of community, trade, and economic development and reestablishing the department of community development and the department of trade and economic development. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Haugen, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 26, 2002

SHB 2031          Prime Sponsor, House Committee on Finance: Limiting the taxation of payphone services. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

      Referred to Committee on Ways and Means.

February 25, 2002

SHB 2169          Prime Sponsor, House Committee on Local Government and Housing: Issuing warrants by fire districts. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 26, 2002

SHB 2296          Prime Sponsor, House Committee on Finance: Modifying the definition of "eligible area" for distressed area designation. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin and Rossi.

      Referred to Committee on Ways and Means.

February 25, 2002

HB 2320            Prime Sponsor, Representative McDermott: Regarding campaign contributions. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2332            Prime Sponsor, Representative Romero: Directing a statewide voter registration data base. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 26, 2002

HB 2345            Prime Sponsor, Representative Lovick: Allowing noninjury accidents to clear the roadway. Reported by Committee on Transportation

      MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Benton, Eide, Finkbeiner, Horn, Jacobsen, Kastama, Keiser, McAuliffe, McDonald, Oke, Shin and Swecker.

      Passed to Committee on Rules for second reading.

February 25, 2002

SHB 2389          Prime Sponsor, House Committee on Appropriations: Qualifying for a transfer payment under the public employees' retirement system plan 3. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2391            Prime Sponsor, Representative Conway: Authorizing part-time leaves of absence for law enforcement members of the law enforcement officers' and fire fighters' retirement system plan 2. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2392            Prime Sponsor, Representative Delvin: Transferring service credit and contributions into the Washington state patrol retirement system. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Long, Parlette, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

      Passed to Committee on Rules for second reading.

February 25, 2002

2SHB 2403        Prime Sponsor, House Committee on Appropriations: Providing for collective bargaining at four-year institutions of higher education. Reported by Committee on Labor, Commerce and Financial Institutions

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen and Regala.

MINORITY Recommendation: Do not pass. Signed by Senators Deccio and West.

      Referred to Committee on Ways and Means.

February 25, 2002

SHB 2414          Prime Sponsor, House Committee on Education: Changing provisions relating to the professional educator standards board. Reported by Committee on Education

      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Hochstatter, Johnson, Kastama, Prentice, Rasmussen, Regala and Zarelli.

      Passed to Committee on Rules for second reading.

February 25, 2002

SHB 2415          Prime Sponsor, House Committee on Education: Changing qualifications for public school principals and vice principals. Reported by Committee on Education

      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Hochstatter, Johnson, Kastama, Prentice, Rasmussen, Regala and Zarelli.

      Passed to Committee on Rules for second reading.

February 26, 2002

HB 2425            Prime Sponsor, Representative Doumit: Funding the community economic revitalization board. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Finkbeiner, McCaslin, Rossi and Stevens.

      Referred to Committee on Ways and Means.

February 25, 2002

HB 2448            Prime Sponsor, Representative Quall: Authorizing access to school meal programs and kitchen facilities. Reported by Committee on Education

      MAJORITY Recommendation: Do pass. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Hochstatter, Johnson, Kastama, Prentice, Rasmussen, Regala and Zarelli.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2493            Prime Sponsor, Representative Jackley: Removing the limitation on the number of volunteer fire fighters. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2508            Prime Sponsor, Representative Berkey: Revising provisions relating to medical plans for elected city officials. Reported by Committee on State and Local Government

      MAJORITY Recommendation: Do pass. Signed by Senators Gardner, Chair; Fairley, Vice Chair; Hale, Haugen, Horn, Keiser, Kline, T. Sheldon and Swecker.

      Passed to Committee on Rules for second reading.

February 25, 2002

SHB 2513          Prime Sponsor, House Committee on Commerce and Labor: Regulating timeshare interest reservations. Reported by Committee on Labor, Commerce and Financial Institutions

      MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Benton, Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.

      Passed to Committee on Rules for second reading.

February 26, 2002

HB 2526            Prime Sponsor, Representative Berkey: Providing exemptions from SEPA for reductions of city limits and disincorporations. Reported by Committee on Environment, Energy and Water

      MAJORITY Recommendation: Do pass. Signed by Senators Fraser, Chair; Regala, Vice Chair; Eide, Hale, Honeyford, Jacobsen, Keiser, McDonald and Morton.

      Passed to Committee on Rules for second reading.

February 25, 2002

ESHB 2540        Prime Sponsor, House Committee on Commerce and Labor: Authorizing collective bargaining for University of Washington employees who are enrolled in academic programs. Reported by Committee on Labor, Commerce and Financial Institutions

      MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen and Regala.

MINORITY Recommendation: Do not pass. Signed by Senators Benton, Deccio and West.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2595            Prime Sponsor, Representative Morris: Providing funding for wireless enhanced 911 services. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Vice Chair; Regala, Vice Chair; Fraser, Hewitt, Long, Parlette, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.

      Referred to Committee on Ways and Means.

February 26, 2002

SHB 2611          Prime Sponsor, House Committee on Technology, Telecommunications and Energy: Establishing a do not call list. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: That the bill be referred to Committee on Labor, Commerce and Financial Institutions without Recommendation. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Fairley, Finkbeiner, McCaslin, Rossi and Stevens.

      Referred to Committee on Labor, Commerce and Financial Institutions.

February 25, 2002

EHB 2623          Prime Sponsor, Representative Grant: Adjusting the monetary threshold for "substantial development" under the shoreline management act. Reported by Committee on Natural Resources, Parks and Shorelines

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Poulsen, Vice Chair; Hargrove, McDonald, Morton, Oke, Snyder and Stevens.

      Passed to Committee on Rules for second reading.

February 26, 2002

SHB 2628          Prime Sponsor, House Committee on Trade and Economic Development: Exempting certain amounts received under the federal small business technology transfer program from business and occupation taxation. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without Recommendation. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Fairley, Finkbeiner, McCaslin, Rossi and Stevens.

      Referred to Committee on Ways and Means.

February 26, 2002

HB 2639            Prime Sponsor, Representative Ruderman: Continuing a moratorium that prohibits a city or town from imposing a specific fee or tax on an internet service provider. Reported by Committee on Economic Development and Telecommunications

      MAJORITY Recommendation: Do pass. Signed by Senators T. Sheldon, Chair; B. Sheldon, Vice Chair; Fairley, Finkbeiner, McCaslin, Rossi and Stevens.

      Passed to Committee on Rules for second reading.

February 26, 2002

HB 2641            Prime Sponsor, Representative Gombosky: Implementing the Recommendations of the investment income tax deduction task force for the business and occupation tax. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Vice Chair; Regala, Vice Chair; Hewitt, Honeyford, Kohl-Welles, Long, Parlette, Rasmussen, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.

      Passed to Committee on Rules for second reading.

February 26, 2002

HB 2678            Prime Sponsor, Representative Upthegrove: Requiring institutions of higher education to put in place an active prompt on their web sites that link to the secretary of state's voter registration web site. Reported by Committee on Higher Education

      MAJORITY Recommendation: Do pass. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette and B. Sheldon.

      Passed to Committee on Rules for second reading.

February 25, 2002

HB 2782            Prime Sponsor, Representative Doumit: Implementing the results of the 1995-2000 actuarial experience study. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Regala, Vice Chair; Fairley, Vice Chair; Kline, Kohl-Welles, Long, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Zarelli.

      Passed to Committee on Rules for second reading.

February 26, 2002

SHB 2807          Prime Sponsor, House Committee on Appropriations: Creating the Washington promise scholarship. Reported by Committee on Higher Education

      MAJORITY Recommendation: Do pass as amended and be referred to Committee on Ways and Means. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe, Parlette and B. Sheldon.

      Referred to Committee on Ways and Means.

February 26, 2002

EHB 2841          Prime Sponsor, Representative Chase: Requiring a student member on the higher education coordinating board. Reported by Committee on Higher Education

      MAJORITY Recommendation: Do pass as amended. Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Carlson, Horn, Jacobsen, McAuliffe and Parlette.

      Passed to Committee on Rules for second reading.

February 26, 2002

SHB 2914          Prime Sponsor, House Committee on Appropriations: Creating the state financial aid account. Reported by Committee on Ways and Means

      MAJORITY Recommendation: Do pass. Signed by Senators Brown, Chair; Fairley, Vice Chair; Regala, Vice Chair; Fraser, Hewitt, Honeyford, Kline, Kohl-Welles, Parlette, Poulsen, Rasmussen, Roach, Rossi, Sheahan, B. Sheldon, Snyder, Spanel, Thibaudeau and Winsley.

      Passed to Committee on Rules for second reading.

MOTION

      On motion of Senator Betti Sheldon, Engrossed Substitute House Bill No. 1005 was referred to the Committee on Ways and Means.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

February 25, 2002

GA 9187            JOSEPH FRAM, reappointed July 2, 2001, for a term ending July 2, 2006, as a member of the Board of Trustees for the State School for the Blind.

                           Reported by Committee on Education

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Johnson, Kastama, Rasmussen, Regala and Zarelli.

      Passed to Committee on Rules.

February 25, 2002

GA 9222            ART HIMMLER, appointed September 20, 2001, for a term ending June 30, 2005, as a member of the Academic Achievement and Accountability Commission.

                           Reported by Committee on Education

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Carlson, Finkbeiner, Johnson, Kastama, Prentice, Rasmussen, Regala and Zarelli.

      Passed to Committee on Rules.

February 25, 2002

GA 9224            JIM SPADY, reappointed September 24, 2001, for a term ending June 30, 2005, as a member of the Academic Achievement and Accountability Commission.

                           Reported by Committee on Education

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators McAuliffe, Chair; Finkbeiner, Johnson, Kastama, Rasmussen, Regala and Zarelli.

      MINORITY Recommendation: Do not confirm. Signed by Senator Prentice.

      Passed to Committee on Rules.

INTRODUCTION AND FIRST READING

SB 6823             by Senators Finkbeiner and McAuliffe

AN ACT Relating to the formula for determining certificated instructional staff salaries for state-funded basic education certificated instructional staff; amending R CW 28A.150.410; and providing an effective date.

Referred to Committee on Ways and Means.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced his daughter, Shanie and her husband, Peter Hinge and their children, Cammi Ann, Amanda and Elizabeth visiting from Budapest, who were seated in the gallery.

      The President also introduced the childrens’ teacher, Marian Zaitseva from Belarus, who was seated on the rostrum.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced the Apple Blossom Festival Queen, Natalie Bird, and Princesses Bergen White and Amanda Johnson, who were seated on the rostrum.

      With permission of the Senate, business was suspended to permit Queen Natalie to address the Senate.

PERSONAL PRIVILEGE

      Senator Oke: “A point of personal privilege, Mr. President. This is a glorious day and you have never looked better. I am just awed with how you look this morning. You are going to have a good day. I just know that.”

REPLY BY THE PRESIDENT

      President Owen: “Thank you for that wisdom and those thoughts, Senator.”

MOTION

      At 10:12 a.m., on motion of Senator Betti Sheldon, the Senate recessed until 10:40 a.m.

      The Senate was called to order at 10:40 a.m. by President Owen.

MOTION

      Senator Sheahan moved that the Senate now consider Senate Bill No 6749, Senate Bill No. 6251, Senate Bill No. 6793, Senate Bill No. 6564, Senate Bill No. 6252 and Senate Bill No. 6384, which were on the second reading calendar.

PARLIAMENTARY INQUIRY

      Senator Snyder: “A parliamentary inquiry, Mr. President. Last week, I rose to a point of order about whether the concurrent resolution that preceded the consideration of these bills needed to pass both houses before we could consider these bills and you ruled by custom that a resolution to expedite things was in order and that the bills could precede. That has been about ten days ago now and I just wonder if we needed another concurrent resolution or if these bills would be in order without another concurrent resolution?”

REPLY BY THE PRESIDENT

      President Owen: “The President believes that the Senate Concurrent Resolution is still in order and that the bills would still be appropriately before us, based on previous rulings.”

FURTHER PARLIAMENTARY INQUIRY

      Senator Snyder: “A further inquiry, Mr. President. Could you inquire of the Secretary of the Senate what the status of that concurrent resolution is?”

REPLY BY THE PRESIDENT

      President Owen: “Senator Snyder, we have no--Senate Concurrent Resolution No. 8434 is in House Rules. We have no message that says anything different.”

SECOND READING

      SENATE BILL NO. 6749, by Senators West, Hale, Honeyford, Johnson, Hewitt, Zarelli, Gardner, Sheahan, Rasmussen, Prentice, Winsley, Fairley, Shin, Kastama, Swecker, Snyder and Rossi

Shifting the burden of proof in actions against rules.

      The bill was read the second time.

MOTION

      On motion of Senator West, the rules were suspended, Senate Bill No. 6749 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. 6749.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6749 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Brown, Costa, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Spanel and Thibaudeau - 16.

      SENATE BILL NO. 6749, 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 Sheahan, Senate Bill No. 6749 was ordered to be immediately transmitted to the House of Representatives.

SECOND READING

      SENATE BILL NO. 6251, by Senators West, Hale, Honeyford, Zarelli, Morton, Parlette, Hochstatter, Hewitt, T. Sheldon, Johnson, Horn, Finkbeiner, Oke and Benton

Requiring gubernatorial approval of all agency rules.

      The bill was read the second time.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Bill No. 6251 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

POINT OF INQUIRY

      Senator Hargrove: “Senator West, I just wonder whether if the Governor gets carpel tunnel syndrome from signing all of these rules if that is going to be an legitimate L & I claim?”

      Senator West: “If that is a permanent disability, then perhaps we should have this set down. I don’t think, Senator Hargrove, that that is going to be a problem. The point of all this, frankly, is right now, I have actually heard the Governor say, ‘I don’t agree with that rule, but that is my agency and I let them manage it.’ Well, you know what, no one elected this agency. He hired them; they report to him and he ought to know the rules that they are propagating and he ought to be responsible for them, such as we are to be responsible for the laws we pass. To the good lady from Bellingham, you know if the Lieutenant Governor can’t get out of bed to sign the fishing season law or whatever, we have a problem on our hands. If the agency director can get out of bed, I guarantee the Lieutenant Governor would get out of bed.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6251.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6251 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 29.

     Voting nay: Senators Brown, Costa, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Regala, Sheldon, B., Shin, Snyder, Spanel and Thibaudeau - 20.

      SENATE BILL NO. 6251, 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 Sheahan, Senate Bill No. 6251 was ordered to be immediately transmitted to the House of Representatives.

SECOND READING

      SENATE BILL NO. 6793, by Senators T. Sheldon and Oke

Changing provisions relating to expanding public water systems.

      The bill was read the second time.

MOTION

      Senator Fraser moved that the following amendment by Senators Fraser and Regala be adopted:

       On page 2, after line 4, insert the following:

       "(3) Nothing in subsection (2) of this section shall be construed to authorize the withdrawal of new or additional quantities of water from a river or stream commencing after the effective date of this act that would deplete the instream flow below the essential minimums necessary for the protection and recovery of critical fish stocks."

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

      Further debate ensued.

      The President declared the question before the Senate to be roll call on the adoption of the amendment by Senators Fraser and Regala on page 2, after line 4, to Senate Bill No. 6793.

ROLL CALL

      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

 Voting yea: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 24.

     Voting nay: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

MOTION

      On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 6793 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. 6793.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6793 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Stevens, Swecker, West, Winsley and Zarelli - 32.

     Voting nay: Senators Brown, Costa, Fairley, Franklin, Fraser, Gardner, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Poulsen, Prentice, Regala, Shin, Spanel and Thibaudeau - 17.

      SENATE BILL NO. 6793, 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 Sheahan, Senate Bill No. 6793 was ordered to be immediately transmitted to the House of Representatives.

MOTION

      On motion of Senator Eide, Senators Hargrove and Shin were excused.

SECOND READING

      SENATE BILL NO. 6564, by Senators Hale, Rasmussen, Hewitt, Haugen, Oke, T. Sheldon, Honeyford, Morton, Sheahan, Zarelli, Deccio, Rossi, Horn, Benton, Hochstatter, Swecker, McCaslin, West and Parlette

Delaying the effect of significant legislative rules.

      The bill was read the second time.

MOTION

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

       On page 5, after line 37, insert the following:

"(8) Within two hundred days of the effective date of a rule of the type described in subsection (6) of this section, an agency shall make a good faith effort to notify businesses affected by the rule of the requirements of the rule and how to obtain technical assistance to comply. For purposes of this section, "good faith" means: (1) The agency at least notifies businesses in the standard industrial classifications or their successor identified in the rule-making file as businesses affected by the rule that are registered with the department of revenue; or (2) For rules imposing additional requirements on persons or firms licensed, registered, or operating under a permit, the agency notifies those persons or firms holding the license, registration or permit. The notification shall announce the rule change, briefly summarize the rule change, and include a contact for more information. Notification may be by individual notice, agency bulletins or newsletters, or any other means that will reasonably inform affected businesses. Failure to notify a specific business under this section does not invalidate a rule or waive the requirement to comply with the rule."

       Renumber the sections consecutively and correct any internal references accordingly.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Engrossed Senate Bill No. 6564 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. 6564.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6564 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Carlson, Deccio, Eide, Finkbeiner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Long, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 31.

     Voting nay: Senators Brown, Costa, Fairley, Franklin, Fraser, Gardner, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Snyder, Spanel and Thibaudeau - 16.

    Excused: Senators Hargrove and Shin - 2.

      ENGROSSED SENATE BILL NO. 6564, 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 Sheahan, Engrossed Senate Bill No. 6564 was ordered to be immediately transmitted to the House of Representatives.

SECOND READING

      SENATE BILL NO. 6252, by Senators West, Hale, Honeyford, Zarelli, Morton, Parlette, Hochstatter, Hewitt, T. Sheldon, Johnson, Horn, Finkbeiner, Oke and Benton

Limiting the rule-making authority of certain entities to those instances where there is a specific grant of legislative authority.

      The bill was read the second time.

MOTION

      Senator Gardner moved that the following amendment be adopted:

       On page 34, after line 33, insert the following:

       "Sec. 37. RCW 70.155.030 and 1994 c 202 s 1 are each amended to read as follows: