WHEREAS, Multiple sclerosis (MS) is an unpredictable neurological disease that affects nearly 400,000 people in the United States; and

      WHEREAS, Approximately 200 people each week are diagnosed with MS, more than one person every hour; and

      WHEREAS, The unpredictable physical and emotional effects, such as blurred vision, loss of balance, poor coordination, slurred speech, tremors, numbness, extreme fatigue, even paralysis and blindness, can last the rest of their lives; and

      WHEREAS, Onset of symptoms occurs most often between the ages of twenty and fifty, at the prime of life when the impact of a chronic illness can be most damaging to family and career; and

      WHEREAS, MS can be a very costly illness to an individual in terms of lost wages estimated annually at $22,000, the cost of health care estimated annually at $21,500, as well as time spent by family members providing care; and

      WHEREAS, Approximately one hundred -fifty to two hundred -twenty per 100,000 people in Washington State have MS, making the incidence rate in this state one of the highest in the nation; and

      WHEREAS, The National Multiple Sclerosis Society, Greater Washington Chapter and Inland Northwest Chapter services more than 35,368 people, including 8,843 with multiple sclerosis and nearly 26,525 others whose lives are directly impacted (ranging from spouses, children, and relatives to friends, coworkers, and caregivers) in Washington State counties; and

      WHEREAS, Every month the National Multiple Sclerosis Society, Greater Washington Chapter and Inland Northwest Chapter responds to hundreds of requests for information from people newly diagnosed with the disease; and

      WHEREAS, The Pacific Northwest Alliance of MS Centers works in collaboration with community clinicians, nurses, researchers, and persons affected by Multiple Sclerosis to organize ongoing patient educational lecture series; and

      WHEREAS, The Pacific Northwest Alliance of MS Centers is working toward conducting collaborative clinical research to develop and maintain a common patient data base; and

      WHEREAS, The MS clinics in the region are working towards sharing information about specific resources available, educational events, research opportunities, emerging findings in MS research, and ideas for improving MS patient care;

      NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize that the Pacific Northwest is a region with one of the highest concentrations of MS in the country, and there is great demand for specialized MS care; and

      BE IT FURTHER RESOLVED, That the Senate of the state of Washington recognize the dedication of those providing care and comfort to persons afflicted with MS and urge a higher level of awareness about the need to combat MS.

MOTION

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

SECOND READING

      SENATE BILL NO. 5953, by Senators Finkbeiner, Esser, Horn, Stevens, Rossi and Honeyford

Penalizing disruption of traffic by pedestrians.

MOTION

      On motion of Senator Finkbeiner, Senate Bill No. 5953 was not substituted.

      The bill was read the second time.

MOTION

      On motion of Senator Finkbeiner, the following striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:

       (1) A pedestrian may not unlawfully and intentionally impede, or otherwise disrupt, the flow of traffic on a highway that has been designated, in whole or in part, as a highway of statewide significance.

       (2) A violation of this section is a gross misdemeanor punishable under RCW 9A.20.021.

       (3) Nothing in this section prohibits the filing, at any time, of a cause of action for damages resulting from the disruption of traffic caused by a pedestrian or pedestrians.

       (4) In addition to any other costs that may be imposed by the court, the court shall require a defendant to reimburse the actual costs incurred by a law enforcement agency or emergency personnel, as a result of responding to the traffic disruption prohibited under this section.

       Sec. 2. RCW 46.63.020 and 2001 c 325 s 4 are each amended to read as follows:

       Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

       (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

       (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

       (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

       (4) RCW 46.10.130 relating to the operation of snowmobiles;

       (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

       (6) RCW 46.16.010 relating to initial registration of motor vehicles;

       (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

       (8) RCW 46.16.160 relating to vehicle trip permits;

       (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;

       (10) RCW 46.20.005 relating to driving without a valid driver's license;

       (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

       (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;

       (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

       (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;

       (15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

       (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

       (17) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

       (18) RCW 46.25.170 relating to commercial driver's licenses;

       (19) Chapter 46.29 RCW relating to financial responsibility;

       (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;

       (21) RCW 46.37.435 relating to wrongful installation of sunscreening material;

       (22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

       (23) RCW 46.48.175 relating to the transportation of dangerous articles;

       (24) RCW 46.52.010 relating to duty on striking an unattended car or other property;

       (25) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

       (26) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

       (27) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

       (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

       (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;

       (30) RCW 46.61.015 relating to obedience to police officers, flaggers, or fire fighters;

       (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

       (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;

       (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

       (34) Section 1 of this act relating to impeding traffic;

       (35) RCW 46.61.500 relating to reckless driving;

       (((35))) (36) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

       (((36))) (37) RCW 46.61.503 relating to a person under age twenty- one driving a motor vehicle after consuming alcohol;

       (((37))) (38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

       (((38))) (39) RCW 46.61.522 relating to vehicular assault;

       (((39))) (40) RCW 46.61.5249 relating to first degree negligent driving;

       (((40))) (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

       (((41))) (42) RCW 46.61.530 relating to racing of vehicles on highways;

       (((42))) (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

       (((43))) (44) RCW 46.61.740 relating to theft of motor vehicle fuel;

       (((44))) (45) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

       (((45))) (46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

       (((46))) (47) Chapter 46.65 RCW relating to habitual traffic offenders;

       (((47))) (48) RCW 46.68.010 relating to false statements made to obtain a refund;

       (((48))) (49) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

       (((49))) (50) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

       (((50))) (51) RCW 46.72A.060 relating to limousine carrier insurance;

       (((51))) (52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

       (((52))) (53) RCW 46.72A.080 relating to false advertising by a limousine carrier;

       (((53))) (54) Chapter 46.80 RCW relating to motor vehicle wreckers;

       (((54))) (55) Chapter 46.82 RCW relating to driver's training schools;

       (((55))) (56) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

       (((56))) (57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

       NEW SECTION. Sec. 3. 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."

MOTIONS

      On motion of Senator Finkbeiner, the following title amendments was adopted;

       On line 1 of the title, after "pedestrians;" strike the remainder of the title and insert "amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; prescribing penalties; and declaring an emergency."

      On motion of Senator Finkbeiner, the rules were suspended, Engrossed Senate Bill No. 5953 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      Senators Sheahan, Hale and McCaslin demanded the previous question and the demand was sustained.

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

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

      The President Pro Tempore declared the question before the Senate to be the roll call on shall the main question to be now put.

ROLL CALL

      The Secretary called the roll and the demand for the previous question carried by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 25.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Sheldon, T., Shin, Spanel and Thibaudeau - 24.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5953.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5953 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West, Winsley and Zarelli - 27.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau- 22.

      ENGROSSED SENATE BILL NO. 5953, 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: “Madam President Pro Tempore, a point of personal privilege. A few minutes ago we debated 5953. In that debate, it was stated about the Birmingham Jail. If we go back in history, those were not cheap heros in the Birmingham Jail. The Birmingham Jail was Martin Luther King and Rosa Parks. She was tired and sat on the bus and would not give up her seat. If you remember, Dr. King wrote a letter from the Birmingham Jail. What took place in the sixties has changed the base of our country forever. We should never say that what took place during those turbulent years, where people were striving for equal rights to be not counted as not being a citizen--not given full rights--people died.

      “Do not ever--ever--refer to those heros as cheap heros. This is very heart wrenching to sit and to hear that in the debate. Now, let me say that we can debate issues--disruption of traffic has nothing to do with the social changes of the sixties. Be very careful in the words when you debate issues on this floor, because what comes out of your mouth injures those who have been involved. Be very, very careful. Birmingham Jail is historical--go back and read about what happened if you don’t know. You know, sometimes in these heated debates, we pass out words we can never recall. So, be very careful. I just have to say that. You pierced a lot of hearts here today when you mentioned cheap heros and the Birmingham Jail.”

PERSONAL PRIVILEGE

      Senator Swecker: “A point of personal privilege. I just want to agree with the previous speaker wholeheartedly. In fact, in my mind, Martin Luther King was the preeminent Christian leader of the Twentieth Century in our country. I think Martin Luther King set the standard for the value of protest. Let me say that the value of our protests is directly proportional to the injustice of our punishment. I think Martin Luther King epitomized that. Thank you.“

SECOND READING

      SENATE BILL NO. 5185, by Senators Benton, Mulliken and Stevens

Changing provisions relating to open public meetings.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5185 was substituted for Senate Bill No. 5185 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5185 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5185.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5185 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

     Voting nay: Senators Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Horn, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Sheldon, B., Shin, Spanel and Thibaudeau and Winsley - 24.

      SUBSTITUTE SENATE BILL NO. 5185, 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. 5552, by Senators Sheahan, Rasmussen, Swecker, Hale and Shin

Increasing the powers of the state agricultural commodity commissions.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5552 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5552.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5552 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5552, 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. 5673, by Senators Brandland, Benton, Stevens, Hargrove, Honeyford, Haugen, Mulliken and Winsley

Clarifying that confinement facilities are not liable for former confined persons' acts after release.

      The bill was read the second time.

MOTION

      On motion of Senator Stevens, the rules were suspended, Senate Bill No. 5673 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5673.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5673 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SENATE BILL NO. 5673, 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. 5786, by Senators T. Sheldon and Mulliken

Clarifying the scope of industrial uses allowed in rural areas under GMA.

MOTIONS

      On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5786 was substituted for Senate Bill No. 5786 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5786 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5786.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5786 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5786, 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. 5210, by Senators Honeyford, Rasmussen, Roach, Mulliken, T. Sheldon, Parlette and Stevens

Modifying electrician certification provisions.

      The bill was read the second time.

MOTION

      On motion of Senator Honeyford, the following amendment by Senators Honeyford and Keiser was adopted:

       On page 3, line 7, after "department." insert "The restricted nonresidential maintenance specialty is limited to a maximum of 277 volts and 20 amperes for lighting branch circuits and/or a maximum of 250 volts and 60 amperes for other circuits, but excludes the replacement or repair of circuit breakers."

MOTION

      On motion of Senator Honeyford, the rules were suspended, Engrossed Senate Bill No. 5210 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5210.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5210 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SENATE BILL NO. 5210, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5824, by Senators Parlette and Horn

Allowing rural fire protection districts to contract with cities for ambulance services and impose a monthly utility service charge on each developed residential property located in the fire protection district.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5824 was substituted for Senate Bill No. 5824 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. 5824 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5824.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5824 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5824, 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. 5302, by Senators Honeyford and Keiser (by request of Liquor Control Board)

Changing provisions relating to the summary suspension of a liquor license pending revocation proceedings.

MOTIONS

      On motion of Senator Honeyford, Substitute Senate Bill No. 5302 was substituted for Senate Bill No. 5302 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5302 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5302.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5302 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5302, 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. 5378, by Senators Honeyford, Hewitt, T. Sheldon, Mulliken, Rasmussen and Hale

Simplifying and adding certainty to the calculation of workers' compensation benefits.

MOTION

      On motion of Senator Honeyford, Substitute Senate Bill No. 5378 was substituted for Senate Bill No. 5378 and the substitute bill was placed on second reading and read the second time.

MOTION

      Senator Keiser moved that the following amendments by Senators Keiser and Franklin be considered simultaneously and be adopted:

       On page 3, beginning on line 30, after "nature;" strike all material through "nature;" on line 31

       On page 3, after line 37, insert the following:

       "(d) Medical, dental, and vision benefits provided in part or entirely by the worker's employer at the time of injury or disease manifestation shall be included as wages under this subsection. The amount and value of these wages is fixed as of the date the worker applies for benefits under this title. For claims filed on or after the effective date of this act, the value of these wages is fixed at four hundred fifty-seven dollars per month.

       (I) The fixed value of the medical, dental, and vision benefits under this subsection shall be adjusted annually on July 1st to reflect changes in the prior calendar year average of the medical portion of the national consumer price index for all urban consumers. This adjusted figure shall only be used to determine the value of these benefits for new claims filed by workers after the date of adjustment.

       (ii) The amount and value of medical, vision, and dental insurance under this subsection shall not be added to the worker's wages for any period in which the worker continues to receive the same level of medical, vision, and dental insurance that were provided to the worker at the time of the injury or disease manifestation from any past or current employment with any employer."

      Debate ensued.

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

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Keiser and Franklin on page 3, lines 30 and 37, to Substitute Senate Bill No. 5378.

ROLL CALL

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

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

     Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

MOTION

       Senator Franklin moved that the following amendments by Senators Franklin and Keiser be adopted:

       On page 5, beginning on line 11, after "(1)" strike all material through "where" on line 12 and insert "Where"

       On page 5, beginning on line 16, strike all of subsection (b)

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Franklin and Keiser on page 5, lines 11 and 16, to Substitute Senate Bill No. 5378.

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

MOTION

      On motion of Senator Honeyford, the rules were suspended, Engrossed Substitute Senate Bill No. 5378 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5378.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5378 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

     Voting nay: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5378, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Hewitt, Senator McCaslin was excused.

SECOND READING

      SENATE BILL NO. 5718, by Senators Winsley, Prentice, Roach, Fairley, Kastama, Fraser, Keiser, Kline, Shin, Kohl-Welles, Thibaudeau, Regala, B. Sheldon, Reardon, Brown, Hargrove, Franklin, Spanel, McAuliffe, Jacobsen, Haugen, Rasmussen, Doumit and Schmidt

Exempting bank account, social security, and credit card numbers from public disclosure.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5718 was substituted for Senate Bill No. 5718 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5718 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5718.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5718 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator McCaslin - 1.

      SUBSTITUTE SENATE BILL NO. 5718, 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. 5937, by Senators Parlette, Jacobsen, Haugen, Sheahan and Shin

Adding to the scenic and recreational highway system.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5937 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5937.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5937 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Voting nay: Senator Honeyford - 1.

      SENATE BILL NO. 5937, 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. 5975, by Senators Reardon, Esser, Poulsen, Finkbeiner and Schmidt

Forming the strategic interoperability executive committee.

MOTIONS

      On motion of Senator Esser, Substitute Senate Bill No. 5975 was substituted for Senate Bill No. 5975 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 5975 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5975.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5975 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5975, 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. 5680, by Senators Mulliken, T. Sheldon and Morton

      Allowing counties with low population densities to be exempt from GMA review requirements.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 5680 was substituted for Senate Bill No. 5680 and the substitute bill was placed on second reading and read the second time.

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

       On page 2, line 15 delete "fifty-five" and insert "thirty"

       On page 2, line 24 delete "fifty-five" and insert "thirty"

       On page 2, line 30 delete "fifty-five" and insert "thirty"

       On page 2, line 34 delete "fifty-five" and insert "thirty"

       On page 3, line 2 delete "fifty-five" and insert "thirty"

       On page 3, line 6 delete "fifty-five" and insert "thirty"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Kline on page 2, lines, 15, 24, 30, 34, and page 3, lines 2 and 6, to Substitute Senate Bill No. 5680.

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

MOTION

      Senator Mulliken moved that the following amendment by Senators Mulliken and Tim Sheldon be adopted:

       On page 4, beginning after line 21, strike all material through "that county;" on line 29 and insert the following:

       "(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, ((Lewis, Mason,)) San Juan, and Skagit((, and Skamania)) counties and the cities within those counties;

       (c) On or before December 1, 2006, and every seven years thereafter, for Benton((, Chelan, Douglas, Grant, Kittitas,)) and Spokane((, and Yakima)) counties and the cities within those counties;"

POINT OF IJNQUIRY

      Senator Spanel: “Senator Mulliken, on the bill before us, on page four, line twenty, Whatcom County is removed. Yet, in your corrective amendment, you do not deal with Subsection A, which is lines eighteen, nineteen, twenty, and twenty-one. So, it means those counties don’t get mentioned anywhere for when--they don’t have any guidelines now--mean any date?”

      Senator Mulliken: “Now Whatcom County has eighty-one point twenty-two people per square mile and they are the first group that will be updating in 2004.”

      Senator Spanel: “No, because they are deleted in the bill.”

      Senator Mulliken: “Well, okay, we will have to make sure that Whatcom is in it.”

      Senator Spanel: “Actually, there are three counties--Clallam, Jefferson and Whatcom.”

MOTION

      On motion of Senator Sheahan further consideration of Substitute Senate Bill No. 5680 was deferred.

SECOND READING

      SENATE BILL NO. 5653, by Senators Sheahan and Brown

Expanding "residency" for purposes of attending Washington public schools.

      The bill was read the second time.

MOTION

      On motion of Senator Sheahan, the rules were suspended, Senate Bill No. 5653 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5653.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5653 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Voting nay: Senators Regala and Shin - 2.

      SENATE BILL NO. 5653, 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. 5012, by Senators Johnson, Finkbeiner, Esser and Oke

Authorizing charter schools.

MOTIONS

      On motion of Senator Johnson, Substitute Senate Bill No. 5012 was substituted for Senate Bill No. 5012 and the substitute bill was placed on second reading and read the second time.

      Senator Johnson moved that the following striking amendment by Senators Johnson and Reardon be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. INTENT. The legislature intends to authorize the establishment of charter schools for the purpose of providing more, high quality public school choices for families, students, and teachers. High quality public school choices are those proven and promising learning environments that are likely to result in improved student achievement.

       NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

       (1) "Applicant" means a nonprofit corporation that has submitted an application to a sponsor to obtain approval to operate a charter school. The nonprofit corporation must either be a public benefit nonprofit corporation as defined in RCW 24.03.490, or a nonprofit corporation as defined in RCW 24.03.005 that has applied for tax-exempt status under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)). The nonprofit corporation may not be a sectarian or religious organization and must meet all of the requirements for a public benefit nonprofit corporation before receiving any funding under section 12 of this act.

       (2) "Charter" means a contract between an applicant and a sponsor. The charter establishes, in accordance with this chapter, the terms and conditions for the management, operation, and educational program of the charter school.

       (3) "Charter school" means a public school managed by an applicant's board of directors and operating independently of any school district board under a charter approved in accordance with this chapter.

       (4) "Board of directors" means the board of directors of the public benefit nonprofit corporation that manages and operates the charter school.

       (5) "Sponsor" means: (a) The school district in which the charter school is located; (b) the state and regional universities as defined in RCW 28B.10.016; or (c) The Evergreen State College. Charter schools sponsored under (b) or (c) of this subsection shall be approved by the governing board of the sponsoring institution or by an official or agency designated by and accountable to the governing board.

       NEW SECTION. Sec. 3. CHARTER SCHOOLS--POWERS. (1) The charter school's board of directors may hire, manage, and discharge any charter school employee in accordance with the terms of this chapter and that school's charter.

       (2) The charter school's board of directors may enter into a contract with any school district, or any other public or private entity, also empowered to enter into contracts, for any and all real property, equipment, goods, supplies, and services, including educational instructional services.

       (3) Charter schools may rent, lease, or own property, but may not acquire property by eminent domain. All charters and charter school contracts with other public and private entities must include provisions regarding the disposition of the property if the charter school fails to open as planned, closes, or the charter is revoked or not renewed. Charter schools may accept gifts and donations from other governmental and private entities, excluding sectarian or religious organizations. Charter schools may not accept any gifts or donations the conditions of which violate this chapter.

       (4) Neither a charter school sponsor nor the school district in which the charter school is located is liable for acts or omissions of a charter school, including acts or omissions related to the application, the charter, the operation, and the performance of the charter school.

       (5) Charter schools may not charge tuition, levy taxes, or issue bonds, however they may charge fees for optional noncredit extracurricular events.

       (6) Charter schools may issue secured and unsecured debt to manage cash flow, improve operations, or finance the acquisition of real property or equipment. Such an issuance does not constitute an obligation, either general, special, or moral of the state, the charter school sponsor, the school district in which the charter school is located or any other political subdivision or agency of the state. Neither the full faith and credit nor the taxing power of the state, the charter school sponsor, the school district in which the charter school is located, or any other political subdivision or agency of the state may be pledged for the payment of such debt.

       NEW SECTION. Sec. 4. LEGAL STATUS. A charter school is a public school including one or more of grades kindergarten through twelve, operated by a public benefit nonprofit corporation, according to the terms of a renewable five-year contract granted by a sponsor.

       NEW SECTION. Sec. 5. CHARTER SCHOOLS--EXEMPTIONS. (1) A charter school shall operate independently of any school district board, under a charter approved by a sponsor under this chapter.

       (2) Charter schools are exempt from all state statutes and rules applicable to school districts and school district boards of directors except as provided in this chapter and in the school's approved charter.

       (3) A charter school's board of directors may elect to comply with one or more provisions of the statutes or rules that are applicable to school districts and school district board of directors.

       (4) All approved charter schools shall:

       (a) Comply with state and federal health, safety, and civil rights laws applicable to school districts;

       (b) Participate in nationally normed standardized achievement tests as required in RCW 28A.230.190, 28A.230.193, and 28A.230.230 and the elementary, middle school, and high school standards and assessment examinations as required in RCW 28A.655.060;

       (c) Employ certificated instructional staff as required in RCW 28A.410.010, however charter schools may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.260;

       (d) Comply with the employee record check requirements in RCW 28A.400.303;

       (e) Be subject to the same financial and audit requirements as a school district;

       (f) Comply with the annual performance report under RCW 28A.655.110;

       (g) Follow the performance improvement goals and requirements adopted by the academic achievement and accountability commission by rule under RCW 28A.655.030;

       (h) Report at least annually to its sponsor, the school district in which the charter school is located, and to parents of children enrolled at the charter school on progress toward the student performance goals specified in the charter; and

       (I) Comply with the open public meetings act in chapter 42.30 RCW and open public records requirements in RCW 42.17.250.

       NEW SECTION. Sec. 6. ADMISSION REQUIREMENTS. (1) A charter school must enroll all students who submit a timely application. If capacity is insufficient to enroll all students who submit a timely application, the charter school must give enrollment priority to students who reside within the school district boundaries in which the charter school is physically located. Priority also must be given to siblings of students who are currently enrolled in the school. Students must be selected through an equitable selection process, such as a lottery, to fill any remaining spaces. Schools that convert to charter schools must also give priority to the students who are currently enrolled in school.

       (2) A charter school may not limit admission based on race, religion, ethnicity, national origin, gender, income level, intellectual ability, disabling condition, proficiency in the English language, or athletic ability. A charter school may limit admission to students within a given age group or grade level.

       NEW SECTION. Sec. 7. CHARTER APPLICATION--CHARTERING PROCESS.

(1) An applicant may apply to a sponsor to establish a charter school as provided in this section.

       (2) An application for a charter school may be submitted to any qualified sponsor.

       (3) The school district board of directors must elect whether to hold a public hearing in the school district on the application within twenty days of receipt of the application. If the school board is going to accept the application, a public hearing must be held before the granting of a charter. The school board must either accept or reject the application within sixty days after the receipt of the application. The sixty-day deadline for acceptance or rejection of the charter school application may be extended for an additional thirty days if both parties agree in writing.

       (4) If the school board elects not to hold a hearing or rejects the application, the school board must notify the applicant in writing of the reasons for that decision. The applicant may submit a revised application for the school board's reconsideration. The school board may provide assistance to improve the application. If the school board rejects the application after submission of a revised application, the school board must notify the applicant in writing of the reasons for the rejection.

       (5) Sponsors other than school districts must comply with the procedures in subsections (1) through (4) of this section for consideration of the charter application. A sponsor is not bound by another sponsor's findings or decision to deny the application.

       (6) The superintendent of public instruction shall maintain copies of all approved charter applications. An applicant may obtain copies of those applications from the office of the superintendent of public instruction.

       NEW SECTION. Sec. 8. APPLICATION REQUIREMENTS. The charter school application is a proposed contract and must include:

       (1) The identification and description of the nonprofit corporation submitting the application, including the names and descriptions of the individuals who will operate the school;

       (2) The nonprofit corporation's proposed articles of incorporation, bylaws, and most recent financial statement and balance sheet;

       (3) A mission statement for the proposed school, consistent with the description of legislative intent in this chapter;

       (4) A description of the school's educational program, including curriculum and instructional strategies;

       (5) A description of the school's admissions policy and marketing program, including deadlines for applications or admission;

       (6) A description of student performance standards that must meet those determined under RCW 28A.655.060, and be measured according to the assessment system determined under RCW 28A.655.060;

       (7) A description of the plan for evaluating student performance and the procedures for taking corrective action in the event that student performance at the charter school falls below standards established in its charter;

       (8) A description of the financial plan for the school. The plan shall include: (a) A proposed five-year budget of projected revenues and expenditures; (b) a plan for starting the school; (c) a five-year facilities plan; (d) evidence supporting student enrollment projections of at least twenty students; and (e) a description of major contracts planned for equipment and services, leases, improvements, purchases of real property, and insurance;

       (9) A description of the proposed financial management procedures, including annual audits of the school's financial and administrative operations, which shall meet or exceed generally accepted standards of management and public accounting;

       (10) An assessment of the school's potential legal liability and a description of the types and limits of insurance coverage the nonprofit corporation plans to obtain that are adequate. For purposes of this subsection, a liability policy of between one million and five million dollars is required;

       (11) A description of the procedures to discipline and dismiss students; and

       (12) A description of procedures to assure the health and safety of students, employees, and guests of the school and to comply with applicable federal and state health and safety laws and regulations.

       NEW SECTION. Sec. 9. APPROVAL CRITERIA. A sponsor may approve an application for a charter school, if in the sponsor's reasonable judgment, after exercising due diligence and good faith, the sponsor finds:

       (1) The applicant is a public benefit nonprofit corporation and the individuals it proposes to manage the school are qualified to operate a charter school and implement the proposed educational program;

       (2) The mission statement is consistent with the description of legislative intent and restrictions on charter school operations in this chapter;

       (3) The school's proposed educational program is free from religious or sectarian influence;

       (4) The school's proposed educational program includes student academic performance standards that meet those determined under RCW 28A.655.060 and are measured according to the assessment system determined under RCW 28A.655.060;

       (5) The application includes a viable plan for evaluating pupil performance and procedures for taking appropriate corrective action in the event that pupil performance at the charter school falls below standards established in its charter;

       (6) The school's educational program, including curriculum and instructional strategies, has the potential to improve student performance as measured under section 5 of this act;

       (7) The school's admissions policy and marketing program is consistent with state and federal law;

       (8) The financial plan for the school is designed to reasonably support the charter school's educational program based on a review of the proposed five-year budget of projected revenues, expenditures, and facilities;

       (9) The school's financial and administrative operations, including its annual audits, meet or exceed generally accepted standards of accounting and management;

       (10) The assessment of the school's potential legal liability, and the types and limits of insurance coverage the school plans to obtain, are adequate. For purposes of this subsection, a liability policy of between one million and five million dollars is required;

       (11) The procedures the school plans to follow for discipline and dismissal of students are reasonable and comply with federal law;

       (12) The procedures the school plans to follow to assure the health and safety of students, employees, and guests of the school comply with applicable state and federal health and safety laws and regulations; and

       (13) The public benefit nonprofit corporation has been approved or conditionally approved by the internal revenue service for tax exempt status under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).

       NEW SECTION. Sec. 10. CHARTER AGREEMENT--AMENDMENT. (1) A charter application approved by a sponsor with any changes constitutes a charter.

       (2) A charter may be amended during its term at the request of the charter school board of directors and on the approval of the sponsor.

       NEW SECTION. Sec. 11. CHARTER RENEWAL AND REVOCATION. (1) An approved plan to establish a charter school is effective for five years from the first day of operation. At the conclusion of the first three years of operation, the charter school may apply to the sponsor for renewal. A request for renewal must be submitted no later than six months before the expiration of the charter.

       (2) A charter school renewal application must include:

       (a) A report on the progress of the charter school in achieving the goals; student performance standards, including the student performance standards adopted by rule by the academic achievement and accountability commission in accordance with RCW 28A.655.030; and other terms of the charter; and

       (b) A financial statement that discloses the costs of administration, instruction, and other expenditure objects and activities of the charter school.

       (3) The sponsor may reject the application for renewal if any of the following occurred:

       (a) The charter school materially violated its contract with the sponsor, as set forth in the charter;

       (b) The students enrolled in the charter school failed to meet student performance standards identified in the charter, including the student performance standards adopted by rule by the academic achievement and accountability commission in accordance with RCW 28A.655.030;

       (c) The charter school failed to meet generally accepted standards of fiscal management; or

       (d) The charter school violated provisions in law that have not been waived in accordance with this chapter.

       (4) A sponsor shall give written notice of its intent not to renew the charter school's request for renewal to the charter school within three months of the request for renewal to allow the charter school an opportunity to correct identified deficiencies in its operation. At the request of the board of directors of the charter school, the sponsor shall review its decision for nonrenewal after the charter school has corrected any identified deficiencies.

       (5) The sponsor may revoke a previously approved charter before the expiration of the term of the charter, and before application for renewal, for any of the reasons specified in subsection (3) of this section. Except in cases of emergency where the health and safety of children are at risk, a charter may not be revoked unless the sponsor first provides written notice of the specific violations alleged, a public hearing, and a reasonable opportunity for the charter school to correct the identified areas of concern. The sponsor of a charter school shall provide for an appeal process upon a determination by the sponsor that grounds exist to revoke a charter.

       NEW SECTION. Sec. 12. FUNDING. (1) When the sponsor is a school district:

       (a) For purposes of funding, students in charter schools shall be considered students of the sponsoring district for general fund apportionment purposes. Without violating section 13 of this act, the sponsoring school district shall provide prompt and timely funding for charter schools on a per student basis in amounts the schools would have received if the students were enrolled in a noncharter public school in the district except that a charter school shall not generate eligibility for small school assistance. Funding for charter schools shall include regular apportionment, categorical, and nonbasic education funds, as appropriate and shall be based on enrollment and other financial information submitted by the charter school to the school district as is required to determine state apportionment amounts;

       (b) Local levy moneys approved by the voters before the effective date of a charter between a school district and an applicant shall not be allocated to a charter school unless the sponsoring school district determines it has received sufficient authority from voters to allocate maintenance and operation excess tax levy money to the charter school. For levies approved after the effective date of a charter, charter schools shall be included in levy planning, budgets, and funding distribution in the same manner as other schools in the district only to the extent agreed to by the school district board of directors. In making the decision, the school district board of directors shall consult with the charter school board of directors; and

       (c) A charter school is eligible for state matching funds for common school construction if a sponsoring school district determines it has received voter approval of local capital funds for the project.

       (2) Public schools converting to charter schools shall receive funding in the same manner as other charter schools sponsored by school districts.

       (3) If the sponsor is not a school district, students in the charter school shall still be considered students of the district in which the charter school is located for general fund apportionment purposes. Without violating section 13 of this act, the superintendent of public instruction shall provide prompt and timely funding for charter schools on a per student basis in amounts the schools would have received if the students were enrolled in a noncharter school in the district except that a charter school shall not generate eligibility for small school assistance. The funding shall include regular apportionment, categorical, and nonbasic education funds and shall be based on enrollment and other financial information submitted by the charter school to the school district or the superintendent of public instruction, as is required to determine state apportionment amounts.

       (4) No local levy money may be allocated to a charter school if the charter school is sponsored by a sponsor that is not a school district.

       NEW SECTION. Sec. 13. ADMINISTRATION FEE. To offset costs of oversight and administering the charter, a sponsor may retain up to three percent of state funding and local excess levy funding, if applicable, that is being driven to the charter school. Except for the administration fee in this section, no other offsets or deductions are allowed, whether for central administration or other off-site support services, from a charter school's per-pupil share of state appropriations, local levies, or other funds, unless the charter school has contracted with a school district to obtain specific additional services.

       NEW SECTION. Sec. 14. LEAVES OF ABSENCE. If a school district employee makes a written request for an extended leave of absence to work at a charter school, the school district shall grant the request. The school district may require that the request for a leave be made up to ninety days before the employee would otherwise have to report for duty. The leave shall be granted for up to three years. If the employee returns to the school district within the three-year period, the employee shall be hired before the district hires anyone else with fewer years of service, with respect to any position for which the returning employee is certificated or otherwise qualified.

       NEW SECTION. Sec. 15. STUDY OF CHARTER SCHOOLS. The Washington institute for public policy shall study the implementation and effectiveness of this act. The institute shall make recommendations to the legislature about the effectiveness of charter schools and the impact of charter schools. The institute shall also recommend changes to this chapter including improvements that could be made to the application and approval process. A preliminary report of the study is due to the legislature by March 1, 2006, and a final report is due September 1, 2007.

       NEW SECTION. Sec. 16. NUMBER OF CHARTER SCHOOLS. (1) Applications for charter schools may begin on the effective date of this section. The maximum number of charters that can be granted under this chapter is five in the first year commencing July 1, 2003, five in the second year, and fifteen in each of the next four years. These annual allocations shall be cumulative so that if the maximum is not reached in any given year the maximum shall be increased accordingly for the successive years.

       (2) A sponsor may not sponsor a charter school in a school district with a student enrollment of less than three thousand students, except that a sponsor may sponsor a charter school in a school district with a student enrollment between two and three thousand students in counties where the population exceeds five hundred thousand persons.

       (3) For purposes of monitoring compliance with this section and providing information to new charter school applicants, the superintendent of public instruction shall maintain a running total of the projected and actual enrollment at charter schools and the number of charters granted.

       (4) For purposes of implementing this subsection, a sponsor shall notify the office of the superintendent of public instruction when it receives a charter school application, when it approves a charter school, and when a charter school is terminated.

       (5) The maximum number of charter schools allowed under this section does not include public schools converting to charter schools.

       NEW SECTION. Sec. 17. A new section is added to chapter 41.56 RCW to read as follows:

       This chapter applies to charter schools as defined in section 2 of this act and the charter school's employees included in the bargaining unit. The bargaining unit of employees of charter schools must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district.

       This section, designating charter schools as employers and charter schools as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, takes effect only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.

       NEW SECTION. Sec. 18. A new section is added to chapter 41.59 RCW to read as follows:

       This chapter applies to collective bargaining agreements between charter schools and the employees of charter schools included in the bargaining unit. The bargaining unit of employees of charter schools must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district.

       This section, designating charter schools as employers and charter schools as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, takes effect only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.

       Sec. 19. RCW 41.59.080 and 1998 c 244 s 11 are each amended to read as follows:

       The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the educational employees; the history of collective bargaining; the extent of organization among the educational employees; and the desire of the educational employees; except that:

       (1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees of the employer; and

       (2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a unit; and

       (3) A unit that includes only principals and assistant principals may be considered appropriate if a majority of such employees indicate by vote that they desire to be included in such a unit; and

       (4) A unit that includes both principals and assistant principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

       (5) A unit that includes supervisors and/or principals and assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

       (6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and

       (7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days of work in the annual employment contracts; and

       (8) The bargaining unit of certificated employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.193 RCW must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education; and

       (9) The bargaining unit for employees of charter schools as defined in section 2 of this act must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district.

       NEW SECTION. Sec. 20. CAPTIONS NOT LAW. Captions used in this chapter do not constitute any part of the law.

       NEW SECTION. Sec. 21. Sections 1 through 16 and 20 of this act constitute a new chapter in Title 28A RCW.

       NEW SECTION. Sec. 22. 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.

       NEW SECTION. Sec. 23. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

      Debate ensued.

PARLIAMENTARY INQUIRY

      Senator Eide: “A parliamentary inquiry, Madam President. Don’t we have other amendments ?”

REPLY BY THE PRESIDENT PRO TEMPORE

      President Pro Tempore Winsley: “Yes, we have other amendments. I was just trying to get Senator McAuliffe’s attention.”

      Senator Eide: “Thank you very much, Madam President.”

MOTION

      Senator Hargrove moved that the following amendments to the striking amendment by Senators Johnson and Reardon be considered simultaneously and be adopted:

       On page 2, line 7 of the amendment, after "located;" insert "or"

       On page 2, line 8 of the amendment, after "28B.10.016" strike "; or (c) The Evergreen State College"

       On page 2, line 9 of the amendment, after "(b)" strike "or (c)"

      Debate ensued. 

      Senator Hargrove demanded a roll call and the demand was not sustained.Further debate ensued.

      Senators Sheahan, McCaslin and Zarelli demanded the previous question and the demand was sustained..

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

      The demand for the previous question carried.

      Senator Hargrove closed debate on the amendments to the striking amendment to Substitute Senate Bill No. 5012.

PERSONAL PRIVILEGE

       Senator Roach: “A point of personal privilege, Madam President. On this last debate, I just want everyone to know that I was not in favor of having Mumia Abu-Jamal’s voice piped in. I wanted to make sure that that was very clear.”

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator Hargrove on page 2 , lines 7, 8 and 9, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator McAuliffe moved that the following amendment to the striking amendment be adopted:

       On page 3, line 26 of the amendment, after "safety," insert "parents' rights,"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 3, line 26, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator Kohl-Welles moved that the following amendment to the striking amendment be adopted:

       On page 3, line 27 of the amendment, after "laws" insert ", including chapter 28A.640 RCW (sexual equality) and Title IX of the education amendments of 1972 (20 U.S.C. Sec. 1681 et seq.)"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Wells on page 3, line 27, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator Rasmussen moved that the following amendment to the striking amendment be adopted:

       On page 4, line 30 of the amendment, after "ability." insert "If consistent with applications, the charter school shall, at a minimum, enroll the same number of students with similar types of disabling conditions as are enrolled in the public school district where the charter school is located."

      Debate ensued.

      Senator McAuliffe demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Rasmussen on page 4, line 30, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

ROLL CALL

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

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.

     Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.

MOTION

      Senator Kohl-Welles moved that the following amendment to the striking amendment be adopted:

       On page 5, beginning on line 2 of the amendment, after "application" strike "within twenty days of receipt of the application"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Kohl-Wells on page 5, line 2, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

      The motion by Senator Kohl-Welles failed and the amendment was not adopted.

MOTION

      Senator McAuliffe moved that the following amendment to the striking amendment be adopted:

       On page 10, after line 28 of the amendment, insert the following:

       "(5)(a) School districts that experience an enrollment decline during the 2003-04 school year due to students leaving the school district to attend a charter school shall receive funding for those students on a per student basis in the amounts that the school district would have received if the students were enrolled in a noncharter public school in the school district. Funding for the enrollment decline shall include regular apportionment, categorical, and nonbasic education funds, as appropriate, and shall be based on enrollment and other financial information submitted by the charter school to the school district as is required to determine the appropriate state apportionment amounts.

       (b) School districts that experience an enrollment decline during the 2004-05 school year due to students leaving the school district to attend a charter school shall receive sixty percent of the funding for those students on a per student basis in the amounts that the school district would have received if the students were enrolled in a noncharter public school in the school district. Funding for the enrollment decline shall include regular apportionment, categorical, and nonbasic education funds, as appropriate, and shall be based on enrollment and other financial information submitted by the charter school to the school district as is required to determine the appropriate state apportionment amounts.

       (c) School districts that experience an enrollment decline during the 2005-06 school year due to students leaving the school district to attend a charter school shall receive forty percent of the funding for those students on a per student basis in the amounts that the school district would have received if the students were enrolled in a noncharter public school in the school district. Funding for the enrollment decline shall include regular apportionment, categorical, and nonbasic education funds, as appropriate, and shall be based on enrollment and other financial information submitted by the charter school to the school district as is required to determine the appropriate state apportionment amounts."

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator McAuliffe on page 10, line 28, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator McAuliffe moved that the following amendments to the striking amendment be considered simultaneously and be adopted:

       On page 11, beginning on line 25 of the amendment, after "chapter is" strike all material through "years" on line 29, and insert "twenty"

       On page 12, line 11 of the amendment, after "section" strike "does not" and insert "shall"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments on page 11 and 12 to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator McAuliffe moved that the following amendment to the striking amendment be adopted:

       On page 11, after line 29 of the amendment, strike all of subsection (2)

       Renumber the remaining subsections consecutively and correct any internal references accordingly.

      Debate ensued.

POINT OF INQUIRY

      Senator McAuliffe: “Senator Johnson, does this bill allow all of the Seattle School Districts to become a Charter District? Does it allow all of them to be chartered?”

      Senator Johnson: “There is no provision for a charter district, only for charter schools.”

      Senator McAuliffe: “But, they could all become charter schools?”

      Senator Johnson: “If the Seattle School Board chose to do that, that could happen.”

      Senator McAuliffe: “Then what would you respond would be the problem with a small school then--in a small district--allowing them to do the same?”

      Senator Johnson: “None. I think I just advised that it was up to each person on how to vote on this matter. I wasn’t resisting–sorry, I wasn’t clear about that.”

      Senator McAuliffe: “Thank you.”

      Senator McAuliffe demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McAuliffe on page 11, line 29, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

ROLL CALL

      The Secretary called the roll and the amendment by Senator McAuliffe to the striking amendment was adopted by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Morton, Mulliken, Oke, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheldon, B., Sheldon, T., Shin, Spanel, Swecker, Thibaudeau, Winsley and Zarelli - 41.

     Voting nay: Senators Brandland, Hale, Honeyford, McCaslin, Parlette, Sheahan, Stevens and West - 8.

MOTION

      Senator Schmidt moved that the following amendment by Senators Schmidt, Reardon and Prentice to the striking amendment be adopted:

       On page 12, line 19 of the amendment, after "district" insert the following:

       "unless the charter school is a public school that has converted to a charter school. The employees of public schools that have converted to a charter school shall remain members of the bargaining units in the school district"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Schmidt, Reardon and Prentice on page 12, line 19, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION

      Senator Eide moved that the following amendment to the striking amendment be adopted:

       On page 14, after line 27 of the amendment, strike all of section 22, and insert the following:

       "NEW SECTION. Sec. 22. The secretary of state shall submit this act to the people for their adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation."

      Debate ensued.

      Senator Eide demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Eide on page 14, line 27, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

ROLL CALL

      The Secretary called the roll and the amendment by Senator Eide to the striking amendment was not adopted by the following vote:

Yeas, 18; Nays, 30; Absent, 1; Excused, 0.

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Rasmussen, Regala, Sheldon, B., Shin and Spanel - 18.

     Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 30.

     Absent: Senator Hargrove - 1.

MOTION

      Senator Eide moved that the following amendment to the striking amendment be adopted:

       On page 14, beginning on line 28 of the amendment, strike all of section 22

       Renumber the remaining section consecutively and correct any internal references accordingly.

      Debate ensued.

POINT OF ORDER

      Senator Carlson: “A point of order, Madam President Pro Tempore. I believe I just heard the impugning of the motives of folks on this side of the aisle. I think there has been an excellent debate throughout this discussion and I don’t particularly appreciate that and I would appreciate if you would remind the Senator of that.”

REMARKS BY SENATOR KLINE

      Senator Kline: “If I may reply, there is absolutely nothing to impugn the motives on the other side. If I had been allowed to continue my thought, I am sure the good Senator would have thought otherwise. And if he doesn’t mind, I certainly will continue my thought.”

      Further debate ensued.

POINT OF INQUIRY

      Senator Benton: “Senator Kline, I appreciate your comments on ‘consistency.’ I am just wondering if you would feel the same way on the referendum clause that I intent to add to any gas tax that comes through the Senate this year?”

      Senator Kline: “I have no problem with that. I would be more than happy to vote in favor of that amendment.”

      Senator Benton: “Thank you.”

      Further debate ensued.

      Senator Eide demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Eide on page 14, line 28, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

ROLL CALL

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

     Voting yea: Senators Benton, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.

     Voting nay: Senators Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Reardon, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.

MOTION

      Senator McAuliffe moved that the following amendment to the striking amendment be adopted:

       On page 15, after line 2 of the amendment, insert the following:

       "NEW SECTION. Sec. 24. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2003, in the omnibus appropriations act, this act is null and void."

      Debate ensued.

      Senator McAuliffe demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McAuliffe on page 15, line 2, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

ROLL CALL

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

     Voting yea: Senators Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.

     Voting nay: Senators Benton, Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.

MOTION

      Senator Rasmussen moved that the following amendment to the striking amendment be adopted:

       On page 2, line 5 of the amendment, after "school" insert "a majority of the members of the board of directors shall be members elected by the board of directors or board of regents or trustees of the sponsor, as applicable"

      Debate ensued.

      Senator Rasmussen demanded a roll call and the demand was not sustained

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Rasmussen on page 2, line 5, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012.

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

MOTION FOR RECONSIDERATION

      Having voted on the prevailing side on the amendment by Senator Eide on page 14, line 28, the amendment to delete the emergency clause to the bill, Senator West gave notice of immediate reconsideration of the vote by which the amendment by Eide failed to pass the Senate.

      The President Pro Tempore declared the question before the Senate to be the motion for immediate reconsideration of the amendment by Senator Eide on page 14, line 28, to the striking amendment to Substitute Senate Bill No 5012, which failed to pass the Senate earlier today.

      The motion by Senator West carried and the Senate will immediately reconsider the vote on the amendment by Senator Eide on page 14, line 28, to the striking amendment.

      Senator West demanded a roll call and the demand was sustained.

.     The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Eide on page 14, line 28, to the striking amendment by Senators Johnson and Reardon to Substitute Senate Bill No. 5012, on reconsideration.

ROLL CALL

      The Secretary called the roll and the amendment to the striking amendment, on reconsideration, was adopted by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brown, Doumit, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Thibaudeau, West and Winsley - 27.

     Voting nay: Senators Brandland, Carlson, Deccio, Esser, Finkbeiner, Hale, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Reardon, Rossi, Schmidt, Sheahan, Swecker and Zarelli - 22.

      The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Johnson and Reardon, as amended, to Substitute Senate Bill No. 5012.

      Debate ensued.

PARLIAMENTARY INQUIRY

      Senator Benton: “A parliamentary inquiry, Madam President Pro Tempore, did all the amendments that we previously voted on during the last hour and a half, were those the amendments to the striking amendment?”

REPLY BY THE PRESIDENT PRO TEMPORE

      President Pro Tempore Winsley: “They were amendments to the striking amendment by Senators Johnson and Reardon.”

      Senator Benton: “So, the amendment to remove the emergency clause was an amendment to the striker?”

      President Pro Tempore Winsley: “That is correct.”

      Senator Benton: “And if we adopt this, it will be adopting this without an emergency clause? Is that correct?”

      President Pro Tempore Winsley: “That is correct.”

      Senator Benton: “Thank you.”

      The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Johnson and Reardon, as amended, to Substitute Senate Bill No. 5012.

      The motion by Senator Johnson carried and the striking amendment, as amended, was adopted.

MOTION

      On motion of Senator Johnson, the following title amendments were considered simultaneously and were adopted:

       On page 1, line 1 of the title, after "schools;" strike the remainder of the title and insert "amending RCW 41.59.080; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; adding a new chapter to Title 28A RCW; providing contingent effective dates; and declaring an emergency."

       On page 15, beginning on line 6 of the title amendment, after "28A RCW;" strike the remainder of the title amendment, and insert "and providing contingent effective dates."

MOTION

      Senator Johnson moved that the rules be suspended and Engrossed Substitute Senate Bill No. 5012 be advanced to third reading, the second reading considered the third and the bill be placed on final passage.

OBJECTION TO SUSPEND RULES

      Senator Betti Sheldon objected to the suspension of the rules.

REPLY BY THE PRESIDENT PRO TEMPORE

      President Pro Tempore Winsley: “Is your motion to not advance the bill to third reading?’

      Senator Betti Sheldon: “Yes, that is my motion.”

PARLIAMENTARY INQUIRY

      Senator Betti Sheldon: “A point of parliamentary inquiry, Madam President Pro Tempore. This motion to suspend the rules requires a two-thirds vote. Is that correct?”

RULING BY THE PRESIDENT PRO TEMPORE

      President Pro Tempore Winsley: “That is correct.”

      Senator Betti Sheldon: “A ‘no’ vote would be to not suspend the rules. Is that correct?”

RULING BY THE PRESIDENT PRO TEMPORE

      President Pro Tempore Winsley: “That is correct.”

      Senator Betti Sheldon: “Thank you, Madam President Pro Tempore.”

      The President Pro Tempore declared the question before the Senate to be the motion by Senator Johnson to suspend the rules and advance Engrossed Substitute Senate Bill No. 5012 to third reading.

      The motion to suspend the rules failed to receive the necessary two-thirds vote.

      Engrossed Substitute Senate Bill No. 5012 was referred to the Committee on Rules.

SECOND READING

      SENATE BILL NO. 5697, by Senators Hewitt, T. Sheldon, Hale, Mulliken, Rasmussen, Parlette, Swecker, Oke, Deccio, Sheahan, Stevens, Honeyford and Morton.

      Modifying the inflationary adjustment to the minimum wage.

MOTIONS

      On motion of Senator Hewitt, Substitute Senate Bill No. 5697 was substituted for Senate Bill No. 5697 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Hewitt, the following amendments were considered simultaneously and were adopted:

       On page 1, line 8, after "has" insert "one of"

       On page 1, line 9, after "unemployment" strike "rate" and insert "rates"

MOTION

      Senator Keiser moved that the following amendment be adopted:

       On page 7, after "(1)" on line 29, delete everything through "(2)" on line 33.

       Renumber the sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be adoption of the amendment by Senator Keiser on page 7, line 29, to Engrossed Substitute Senate Bill No. 5697.

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

MOTION

      On motion of Senator Hewitt, the rules were suspended, Engrossed Substitute Senate Bill No. 5697 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      Senators Sheahan, Hale and West demanded the previous question and the demand was sustained.

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

      The demand for the previous question carried.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5697.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5697 and the bill passed the Senate by the following vote: Yeas, 25; Nays, 24; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Rasmussen, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 25.

     Voting nay: Senators Brown, Doumit, Eide, Esser, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Reardon, Regala, Roach, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 24.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5697, 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 6:47 p.m., on motion of Senator Sheahan, the Senate adjourned until 8:30 a.m., Thursday, March 13, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate