On the order of the county treasurer, ad valorem taxes paid before or after delinquency shall be refunded if they were:

      (1) Paid more than once; or

      (2) Paid as a result of manifest error in description; or

      (3) Paid as a result of a clerical error in extending the tax rolls; or

      (4) Paid as a result of other clerical errors in listing property; or

      (5) Paid with respect to improvements which did not exist on assessment date; or

      (6) Paid under levies or statutes adjudicated to be illegal or unconstitutional; or

      (7) Paid as a result of mistake, inadvertence, or lack of knowledge by any person exempted from paying real property taxes or a portion thereof pursuant to RCW 84.36.381 through 84.36.389, as now or hereafter amended; or

      (8) Paid as a result of mistake, inadvertence, or lack of knowledge by either a public official or employee or by any person with respect to real property in which the person paying the same has no legal interest; or

      (9) Paid on the basis of an assessed valuation which was appealed to the county board of equalization and ordered reduced by the board; or

      (10) Paid on the basis of an assessed valuation which was appealed to the state board of tax appeals and ordered reduced by the board: PROVIDED, That the amount refunded under subsections (9) and (10) of this section shall only be for the difference between the tax paid on the basis of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board's order; or

      (11) Paid as a state property tax levied upon property, the assessed value of which has been established by the state board of tax appeals for the year of such levy: PROVIDED, HOWEVER, That the amount refunded shall only be for the difference between the state property tax paid and the amount of state property tax which would, when added to all other property taxes within the ((one percent)) limitation of Article VII, section 2 of the state Constitution equal ((one percent)) the percentage under RCW 84.52.050 of the assessed value established by the board;

      (12) Paid on the basis of an assessed valuation which was adjudicated to be unlawful or excessive: PROVIDED, That the amount refunded shall be for the difference between the amount of tax which was paid on the basis of the valuation adjudged unlawful or excessive and the amount of tax payable on the basis of the assessed valuation determined as a result of the proceeding; or

      (13) Paid on property acquired under RCW 84.60.050, and canceled under RCW 84.60.050(2).

      No refunds under the provisions of this section shall be made because of any error in determining the valuation of property, except as authorized in subsections (9), (10), (11), and (12) of this section nor may any refunds be made if a bona fide purchaser has acquired rights that would preclude the assessment and collection of the refunded tax from the property that should properly have been charged with the tax. Any refunds made on delinquent taxes shall include the proportionate amount of interest and penalties paid. The county treasurer may deduct from moneys collected for the benefit of the state's levy, refunds of the state levy including interest on the levy as provided by this section and chapter 84.68 RCW.

      The county treasurer of each county shall make all refunds determined to be authorized by this section, and by the first Monday in January of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund."

      Renumber the remaining sections and correct any internal references accordingly.

      Debate ensued.

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

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Swecker, McCaslin and Strannigan on page 1, beginning on line 7, to the striking amendment by Senators Rinehart and West to Senate Bill No. 6118.

ROLL CALL

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

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 24.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 25.

MOTION

      Senator Swecker moved that the following amendment by Senators Swecker, McCaslin and Strannigan to the striking amendment by Senators Rinehart and West be adopted:

      On page 1, beginning on line 22, strike all of sections 2 through 7.

      Debate ensued.

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

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Swecker, McCaslin and Strannigan on page 1, beginning on line 22, to the striking amendment by Senators Rinehart and West to Senate Bill No. 6118.

ROLL CALL

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

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 24.

      Voting nay: Senators Bauer, Drew, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau and Wojahn - 25.

MOTION

      At 4:47 p.m., on motion of Senator Spanel, the Senate retired to the House Chamber for the purpose of a Joint Session.

JOINT SESSION

      The Sergeant at Arms of the House announced the arrival of the Senate at the bar of the House.

      The Speaker of the House of Representatives instructed the Sergeant at Arms of the House and the Senate to escort the President of the Senate, Lieutenant Governor Joel Pritchard; President Pro Tempore R. Lorraine Wojahn; Vice President Pro Tempore Rosa Franklin; Majority Leader Sid Snyder and Minority Leader Dan McDonald to seats on the rostrum.

      The Speaker of the House of Representatives invited the Senators to seats within the House Chamber.

      The Speaker of the House of Representatives presented the gavel to President Pritchard.

      The Clerk of the House called the roll of members of the House.

      The Secretary of the Senate called the roll of members of the Senate.

      The President of the Senate announced the purpose of the Joint Session was to receive a message from His Excellency, Governor Mike Lowry.

      The President of the Senate appointed Senators Kohl and Morton and Representatives Foreman and Murray as a special committee to inform Governor Mike Lowry that the Joint Session had assembled and to escort him from his office to the House Chamber.

      The President of the Senate appointed Senators Johnson, Goings, Spanel and Long and Representatives Sheahan, Delvin, Lambert, Dellwo and Costa as a special committee to escort the Supreme Court Justices from the State Reception Room to the House Chamber.

      The President of the Senate appointed Senators Sheldon, Bauer, Oke and Winsley and Representatives Mitchell, Cairnes and Poulsen as a special committee to escort the State Elected Officials from the State Reception Room to the House Chamber.

      The President of the Senate greeted and introduced the Supreme Court Justices: Chief Justice Barbara Durham, Justice James M. Dolliver, Justice Richard Guy, Justice Charles Z. Smith, Justice Barbara Madson, Justice Gerry Alexander, Justice Phil Talmadge and Justice Richard Sanders.

      The President of the Senate greeted and introduced the State Elected Officials: Secretary of State, Ralph Munro; State Treasurer, Dan Grimm; State Attorney General, Christine Gregoire; Insurance Commissioner, Deborah Senn; State Auditor, Brian Sonntag and Superintendent of Public Instruction, Judith Billings.

      The President of the Senate welcomed and introduced the members of the Consular Corps:

      From the Russian Federation: Consul General Georgi Vlaskin, Dean of the Consular Corps of Washington. From Canada: Consul General Bernard Gagosz, First Vice Dean of the Consular Corps of Washington, and Consul Terry Storms. From Britain: Her Majesty's Consul Michael Upton. From the Federal Republic of Germany: Consul General Dr. Manfred Birmelin and Mrs. Birmelin. From Japan: Consul General Naotoshi Sugiuchi and Senior Consul Toyoshi Matsuyama. From the Republic of Korea: Consul General Kewin Kim and Mrs Kim. From Mexico: Consul Hugo Abel Castro and Mrs. Castro. From Taiwan: Director General Katharine Chang and Division Director Robert Chen.

      The President of the Senate welcomed and introduced Governor Lowry's wife, Mary, who was seated in the gallery.

      The President of the Senate turned the gavel over to the Speaker of the House of Representatives.

INTRODUCTION OF GOVERNOR BY SPEAKER BALLARD

      Speaker Ballard: "Having completed a year and now heading into a second session as Speaker of the House, one of the things that stands out in my mind is the good working relationship I have had with the Governor of our great state. Our Governor has been open and forthright in his dealings with the Legislature. On virtually every issue, he has been willing to work with the Legislature in an attempt to reach common ground.

      "Now, there are a few subjects on which we simply could not come to an agreement, yet I respect the Governor for being consistent in sticking with his philosophy and most especially for being true to his word. Even though, we don't agree on every issue, and you can rest assured that I will continue to do everything I can to persuade the Governor to support our proposals, but the bottom line is this Governor's willingness to engage in open discussions with the Legislature and to consider our ideas, contributes to our ability to accomplish good things for the people that we represent.

      "Ladies and gentlemen, it is my privilege to introduce the Governor of the state of Washington, the Honorable Mike Lowry."

STATE OF THE STATE ADDRESS

BY GOVERNOR MIKE LOWRY

      Governor Lowry: "Thank you, Mr. President, Mr. Speaker, distinguished members of the State Supreme Court, distinguished state elected officials, distinguished members of the Washington State Legislature, members of the Washington Consular Corps, and citizens of our great state. Thank you for the privilege of serving as your Governor.

      "As we meet today, our state is in excellent shape and our future looks bright. I want to thank all of you in this chamber and those watching at home and at work for making that happen. Three years ago, we were facing serious economic problems, and the state had a one and a half billion dollar deficit. Today, we have reversed that and we now have a six hundred and seventy-seven million dollar reserve.

      "Three years ago, we were in the midst of huge job layoffs. Today, we have reversed that, creating a hundred and twenty thousand net new jobs in the last two years. Three years ago, we all set out together to make state government more efficient. Since then, we have cut the growth of the state general fund in half and we have reduced the annual growth of state employees to less than a quarter of what it had been in the previous decade.

      "Our hard-working public employees, who are often under-recognized for their dedicated work, are a major reason for this success. Washington, as a whole, is in good shape. We have increased our reputation as the nation̓s top international trade state and we are well on our way to achieving our goal of being one of the world̓s major high-technology centers. Major manufacturers are choosing to locate here, investing billions of dollars and creating thousands of good-paying jobs. Over the past few months, we have welcomed a number of world-class companies to our state--companies like Intel, BHP Steel, Ponderosa Fibres. So, it̓s no wonder that state economist Dr. Chang Mook Sohn recently announced, 'There are no dark clouds on the horizon--this strong growth will continue throughout 1996 and 1997.' That is good news, and something we can all be proud of.

      "I would like to pause for a moment to recognize and thank the hard-working legislators and the statewide elected officials who are a major part of our success. Thank you, Speaker Ballard, Majority Leader Snyder, and Representative Appelwick, Senator McDonald and all of you who have shown time and again just how much we can accomplish if we join together in a spirit of cooperation. No elected official in this state has a longer record of bipartisan cooperation than Lieutenant Governor Joel Pritchard.

      "The strength of our economy is in the strength of the people who live here. People who care about quality of life, about our environment, and about our schools; People with a strong work ethic in a skilled workforce that has employers around the world taking notice; People who are committed to moving into the future without sacrificing the gains of the past. That commitment is part of the reason why some of the best companies in the world are moving to Washington, because the people who live here, and those who make decisions that guide public policy, share that vision. Our state is a great place to live.

      "There is another reason why companies are choosing to move here. We have taken significant, deliberate steps over the past three years to make Washington a great place to do business. We have implemented tax incentives that allow companies, that provide family-wage jobs, to spend less on taxes and more on investments. Three years ago, our state was ranked as one of the worst for manufacturing investment. We are now ranked as one of the very best. Our distressed-area incentive programs have encouraged more than one hundred and seventy companies to move to or expand in counties with high unemployment rates. Our workers̓ compensation premiums are now the lowest in the country, with the highest level of benefits and our state has gained a remarkable reputation for regulatory teamwork.

      "Last October, during the dedication ceremony for the largest economic development project in a decade, in Southeast Washington, Ponderosa Fibres, President Martin Bernstein, said that the application process his company went through for business in our state would have taken three years in other states. In Washington, it took less than six months. Mr. Bernstein said, 'We've not been able to do something like this in the state of Pennsylvania; We've not been able to do something like this in the state of New York; We've not been able to do something like this in the state of Georgia, We've not been able to do something like this in the state of Wisconsin.' But in Washington, Ponderosa Fibres found not only tax policies that were superior to those of most other states, but a spirit of cooperation among government and local communities that gave new meaning to the phrase 'Customer Service.'

      "There are other keys to our success. Among those is improved government efficiency. Over the past three years, state spending increases have been held under the rate of inflation and population growth. Travel and equipment costs are down and state agencies recently gave back one hundred and eight million dollars in unspent appropriations.

      "In the final analysis, however, all the tax incentives and government efficiency in the world will not, by themselves, convince companies to move to our state. Time after time, business people have told me they are also looking for a skilled workforce with a quality of life that will make their employees want to stay here. In that regard, all roads lead to Washington. We have been under extreme pressure to compromise our commitment to education, to the environment and to our children. We have not done that, and our economy is much better off because we did not. Our work is not finished, but our momentum is clear.

      "Today, we are starting to make progress in education reform, so that a childs' advancement in school will be based not on what he or she is taught, but on what he or she has learned. There is no higher goal for our state than to achieve our paramount duty of providing an excellent education system. At the same time, we must take steps to ensure that all children come to school ready to learn and that they are not hungry, or sick, or abused-- and that our schools are a safe place to learn. We ask our educators to be miracle workers and they come amazingly close, but we must make sure that they have the support they need to do their very important jobs.

      "We have begun to increase access to higher education, opening college doors to more students and helping others who may be long on desire to learn, but short on dollars for tuition. We must continue that commitment.

      "We have taken steps to ensure more people have access to health care, including the working poor and their children. We have made health care more affordable for small-business employers and we have reformed our insurance laws so that no one with a pre-existing condition will ever be denied health coverage. We must continue that commitment.

      "And, we have maintained our pledge to protect the environment. Good environmental policy is good economic policy and we never, never want to forget that. By the way, for years, our state has carried more than its fair share of high-level U.S. Government nuclear waste. It is time that others accept their responsibility and stop trying to ship dangerous waste products through our ports.

      "When you step back and look at how much we have going for us in this state, it is easy to see why so many of us have chosen to live, and work, and raise families here. The challenge before us today is to preserve and enhance what is working in our state, improve where we can, and plan for the future with vision and courage.

      "The supplemental budget and legislative agenda I am submitting to the 1996 Legislature will help do that. That budget includes investments in education, children and the environment, an expansion of job-creating tax policies, and a fiscally prudent reserve, in the bank, to prepare for the future. My request to you is to keep enough money in the bank to help offset unexpected emergencies and expected federal cuts of up to $4.2 billion over the next seven years. Congress has made no secret of their commitment to deep spending reductions and shifting to the states, the funding responsibility for the elderly, children, people with disabilities, education, health care, transportation and the environment.

      "Here in Washington, the deepest cuts will not be felt for a while. Under Congress' plan, the cuts will escalate each year, and in seven years, the effect on the state budget will be thirty-three times greater than in 1996. Of course, until Congress and the President agree on a final budget plan, no one will know exactly what's really in store for Washington. We do know, however, that any plan to balance the federal budget in seven years will require a significant reduction in the flow of federal funding to the states and Washington State will be no exception. Therefore, we must resist the call to pass the buck to future Legislatures, future Governors, and future voters.

      "That is why, last year, I had to veto tax cuts that were so large that they were a great danger to our state̓s future if Congress comes even close to the size of funding cuts that they have already announced. In addition, the tax cuts I vetoed would have provided very little tax relief for average-income families in our state, while significantly reducing our savings and jeopardizing our future.

      "The property tax bill that I vetoed would have saved nineteen dollars a year, a dollar sixty a month on a hundred thousand dollar house. However, it would have cut the tax on a major downtown office building, such as the Seattle Columbia Center more than thirty-three thousand dollars a year. The B&O tax bill I vetoed last session would have saved a sixty thousand dollar barbershop about a hundred and fifty-six dollar a year--thirteen dollars a month. Meanwhile, it would have saved a five million dollar law firm twenty-five thousand dollars a year. It's pretty obvious to me who would have benefitted from those tax cuts and it wasn't 'Mom and Pop.'

      "There is a clear question before the 1996 Legislature. Do we maintain a healthy financial reserve and sound fiscal policies designed to meet major financial unknowns and keep the future bright or do we gamble that future on election-year tax cuts that have a clear vision for November, 1996, but a much cloudier vision for the rest of the decade and the Twenty-first Century?

      "I know there are those, for whom I have very great respect, who did not agree with my tax cut vetoes, and there are others, whom I also greatly respect, who advocate large tax cuts now. As individuals, and as friends, I hold you in high regard, but this debate is not about whether there should be tax cuts or not--there will be tax cuts. The question is, will those tax cuts be so large that they damage our state̓s future? The real debate, is how much should we save today?

      "While there are some things that I have asked you not to do this session, and it's primarily the one I just referred to, there are also some things that we must do. Those include protecting children, helping working families, and safeguarding the environment. We must bring more students into the state's higher education system, by increasing the number of spaces available, by offering additional financial aid, and by expanding electronic communications between campuses and communities. We must take steps to protect our watersheds We must continue the successful Jobs for the Environment program, and we must reauthorize the critically needed Puget Sound Water Quality Authority. We must strengthen our juvenile system, by increasing sentences on juvenile sex offenders, by improving security at crowded juvenile institutions, and by helping young offenders 'go straight' and avoid a life of crime.

      "We must keep violent sexual predators locked up. As a father, a husband, and a Governor, I want to find a way that guarantees that our communities are protected from these very dangerous individuals. I know you do, too. I commend you for your leadership, and we will find a way to get that done. We must increase counseling and treatment services for runaway youth and their families. We must put a stop to this epidemic of domestic violence. Last year, felony charges linked to domestic violence increased forty-six percent. This is absolutely intolerable. We must make sure that working families have access to child-care assistance, and we must provide real property tax relief for people who need it the most--those who stand to lose their homes when property tax bills rise faster than their incomes.

      "Finally, we must do a better job of protecting children who are in the state̓s care. To start with, we simply must reduce the impossible workload of thirty-six at-risk children to one state social worker. That ratio keeps children in too great a danger. There are other challenges ahead. I am deeply concerned that in our nation today, discrimination keeps raising its ugly head. I want to be very clear. The state of Washington is committed to equal opportunity, equal rights and respect for diversity. To those who would bring hate and intolerance of any person into our state, I say, 'hands off.' We will not tolerate discrimination in any form, for any reason and we will not tolerate the sort of back-door discrimination against families and children that many today call 'welfare reform.' The welfare system, which is less than three percent of the state budget--the welfare system is less than three percent of the state budget--may well be broken, but the answer to repairing it is not to break kids.

      "Punishing children to get their parents off public assistance is not the answer. It is not fair and it is not welfare reform. True welfare reform promotes self-reliance through education and training, quality child care, affordable health care, and making sure non-custodial parents meet their financial obligations. Anything short of this is discrimination against poor kids. We have in place some of those components of real welfare reform, and this Legislature has done great work for real welfare reform.

      "This year, more than sixty-four hundred parents left the welfare system, for a savings to taxpayer of more than thirty-four million dollars. In all, more than ten thousand welfare recipients joined the workforce in 1995--an increase of forty-three percent over the previous year. Real welfare reform that addresses health care, education and training, child care and non-custodial parents make meeting our financial responsibilities work.

      "Today, we are facing also a challenge of keeping our communities safe in a world where, despite our important gains in the war against crime, we have seen a terrible increase in violent crime committed by teen-agers. And all too often, kids, are killing kids. That cycle of violence begins during the most impressionable time of life, when a child is abused or sees parents hitting each other. Until we deal with the root causes of violence, until we deal with child abuse and neglect, with domestic violence, with fetal alcohol syndrome, we will continue to spend millions of dollars on new prisons, and our streets won̓t be much safer. Make no mistake, responsibility, accountability, and tough penalties for serious crimes are important, but until we can stop a child from picking up a gun for the wrong purpose, we have failed.

      "Earlier, I spoke of the economic growth that has been such good news for Washington. However, in the midst of this very bright future is a dark reality for a lot of working people. More and more, people̓s wages are simply not meeting their expenses. Nationally, wages are growing at the smallest rate on record. Economists are calling the national economy a 'wageless recovery,' with record business profits and stagnant wages. We̓re doing a little better here in our state, but I want us to do a whole lot better.

      "Many of us today have become part of the new 'stretch generation,' struggling to contribute toward our childrens' expenses, whether that means college tuition or braces, while also caring for aging parents. I know what that̓s like. A lot of families today never imagined that they would have a hard time making ends meet on incomes they once only dreamed of. Most of them never imagined that they might not be able to buy a house or send their kids to college. It is not just two-parent families with college-aged kids that are feeling stressed out these days. People in their twenties and thirties are facing tough choices also about where they can afford to live, and whether they will be able to go on and advance their education--even whether they can afford to start their own families. The 'stretch generation' and others for whom slow-growing wages are a major problem are the reason we must maintain our commitment to affordable higher education, affordable child care for working people, affordable health care, and property tax reform that helps middle-income people afford to buy and stay in their homes.

      "There are other hard-working people who aren't getting a fair shake these days either. Tomorrow, tens of thousands of Washington citizens will get out of bed before sunrise, go to work, and put in an eight-hour day and at the end of the day, they will take home about thirty-three dollars in pay--thirty-three dollars. With that, they have to put food on the table, pay part of the rent, and hope no one gets sick before the next payday. People who work forty hours a week ought to be paid enough to survive. That is why I am submitting legislation this session that will take a small step toward wage fairness, by raising the state's minimum wage to $5.30 an hour. It is the right thing to do. Today, corporate CEOs earn, on an average, one hundred and forty times more than their employees. Surely no one could question that raising the minimum wage is the right thing to do.

      "Despite these challenges, our future, as a state, looks bright. We have weathered storms. We have strengthened and diversified our economy and we have created a quality of life that is the envy of people throughout the world. The question today is whether we will have the vision and the courage to make decisions that will carry us forward, not backward--decisions that will continue the course of economic growth that has turned our economy around and positioned our state so well for the years ahead.

      "Will we have the vision to look beyond the next election, and say no to short-term political expediency? Will we have the courage to do what is right for our children and for generations to come? In the end, that is more important than anything else. If we take care of our children, they will take care of our future. Our obligations, as elected officials and as citizens, is to create for our children a safe place to live, a chance to grow up healthy, an opportunity to realize their dreams--the chance to learn and to live in a world free of discrimination.

      "Years from now, when people look back on the decisions that we make today, my hope is that they will see our past the way I visualize our future. Let them say that we helped hard-working people get a fair deal out of life. Let them say that we created a cleaner environment, a stronger education system, and a better quality of life. Let them say that we spoke for those who had no voice, that we cared for those who most needed help, and that, in the twilight of their lives, we honored those who had given us so much. Most importantly, let them say that we made our decisions with vision and courage.

      "Thank you very much."

      The President of the Senate instructed the special committee to escort the Governor from the House Chamber.

      The President of the Senate instructed the special committee to escort the State Elected Officials from the House Chamber.

      The President of the Senate instructed the special committee to escort the Supreme Court Justices from the House Chamber.

MOTION

      On motion of Representative Horn, the Joint Session was dissolved.

      The President of the Senate returned the gavel to the Speaker of the House of Representatives.

      The Speaker instructed the Sergeant at Arms of the House and the Senate to escort the President of the Senate, Lieutenant Governor Joel Pritchard; President Pro Tempore R. Lorraine Wojahn; Vice President Pro Tempore Rosa Franklin; Majority Leader Sid Snyder; Minority Leader Dan McDonald and the members of the Washington State Senate from the House Chamber.

      The Senate was called to order at 5:51 p.m. by President Pritchard.

      There being no objection, the Senate resumed consideration of Senate Bill No. 6118, deferred before the Senate retired to the House of Representatives for a Joint Session.

MOTION

      On motion of Senator Rinehart, the following amendment by Senators Sheldon, Loveland and West to the striking amendment by Senators Rinehart and West was adopted:

      On page 7 of the amendment, after line 4, strike all of sections 5 and 6

      Renumber the sections consecutively and correct any internal references accordingly

STATEMENT FOR THE JOURNAL

      I am hereby protesting, in accordance with Senate Rule 34, a ruling made on the Senate floor on the evening of January 9, 1996.

      Senate Bill No. 6118 was moved and amendments were being considered. The amendment on page 11, after line 33 to the striking amendment, sponsored by me, was moved for adoption and debate began. I spoke in favor of the amendment and at least three other members offered their remarks. Senator Haugen then spoke to the merits of the amendment before raising a point of order regarding the scope and object of the amendment. At that point, I questioned whether Reed's Rules allowed this motion after debate had begun on the merits of the amendment.

      Senate Rule 40 states, in part, that, 'The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which there are applicable....'

      Reed's Rules outlines when a point of order can be raised in rules 111 and 112. Rule 112 states, 'Both these objections to present action must be presented before consideration has been entered upon. After debate has begun or other action has been taken it is too late.'

      Clearly, the point of order requested by Senator Haugen was out of order. I protest the ruling made on the floor to recognize Senator Haugen's point of order.

SENATOR MICHAEL HEAVEY, 34th District

MOTION

      Senator Heavey moved that the following amendment to the striking amendment by Senators Rinehart and West be adopted:

      On page 11, after line 33 of the amendment, insert the following:

      "Sec. 8. RCW 84.55.120 and 1995 c 251 s 1 are each amended to read as follows: