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THIRTY-SIXTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, February 16, 1998
The Senate was called to order at 8:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Benton, Finkbeiner, Patterson, Sellar and Stevens. On motion of Senator Hale, Senators Benton, Finkbeiner, Sellar and Stevens were excused. On motion of Senator Franklin, Senator Patterson was excused.
Boy Scouts Doug Sherrell, Steve Rybolt, J. T. Truitt and Devon Jamerson, from Steilacoom Boy Scout Troop 71, presented the Colors.
Reverend Mark Kelly, pastor of the Brush Prairie Baptist Church, and a guest of Senator Joseph Zarelli, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
February 13, 1998
MR. PRESIDENT:
The House has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2774,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2836,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2845,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2880,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2881,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2882, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
February 13, 1998
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 2355,
SUBSTITUTE HOUSE BILL NO. 2374,
SECOND SUBSTITUTE HOUSE BILL NO. 2430,
SUBSTITUTE HOUSE BILL NO. 2431,
SUBSTITUTE HOUSE BILL NO. 2452,
SUBSTITUTE HOUSE BILL NO. 2461,
SUBSTITUTE HOUSE BILL NO. 2521,
SUBSTITUTE HOUSE BILL NO. 2538,
HOUSE BILL NO. 2542,
SUBSTITUTE HOUSE BILL NO. 2545,
SUBSTITUTE HOUSE BILL NO. 2556,
SUBSTITUTE HOUSE BILL NO. 2562,
SUBSTITUTE HOUSE BILL NO. 2589,
HOUSE BILL NO. 2598,
SECOND SUBSTITUTE HOUSE BILL NO. 2604, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 2355 by Representatives Alexander, Ogden, Lantz, Anderson and Conway (by request of Parks and Recreation Commission)
Managing state park lands.
Referred to Committee on Natural Resources and Parks.
SHB 2374 by House Committee on Higher Education (originally sponsored by Representatives Carlson, Dunn, Constantine, Radcliff, Gardner, Sheahan, Kenney, O'Brien, L. Thomas, Scott, Linville, Hatfield, Benson, Romero, Butler, Kessler, Chopp, Costa, Anderson, Cooke, Cooper, Schoesler, Mason, Gombosky, Conway, Lantz and Tokuda)
Requiring one student member on each state institution of higher education's governing board.
Referred to Committee on Higher Education.
2SHB 2430 by House Committee on Appropriations (originally sponsored by Representatives Huff, Carlson, Kenney, Radcliff and McDonald) (by request of Committee on Advanced College Tuition Payment and Higher Education Coordinating Board)
Changing provisions relating to the advanced college tuition payment program.
Referred to Committee on Higher Education.
SHB 2431 by House Committee on Appropriations (originally sponsored by Representatives DeBolt, Alexander, Mielke, Johnson and Pennington)
Refining provisions concerning the Southwest Washington Fair.
Referred to Committee on Government Operations.
SHB 2452 by House Committee on Health Care (originally sponsored by Representatives Backlund, Cody, Parlette, Kastama, DeBolt, Dyer, Lambert, Koster, Sherstad, Benson, Anderson and Zellinsky)
Defining medication assistance in community-based settings.
Referred to Committee on Health and Long-Term Care.
SHB 2461 by House Committee on Natural Resources (originally sponsored by Representatives Buck, Sump, Kessler, Schoesler, Benson, Koster, DeBolt, McMorris, Alexander, Gardner, Linville, Thompson and Mulliken)
Requiring a timely distribution of certain state forest land funds back to the counties.
Referred to Committee on Natural Resources and Parks.
SHB 2521 by House Committee on Law and Justice (originally sponsored by Representatives Benson, Sheahan, O'Brien, Quall, Cairnes, Mielke, Lambert, Hickel, Zellinsky, Delvin, Sterk, Robertson, D. Sommers, Schoesler, Carrell, Thompson and Sullivan)
Providing for curfews.
Referred to Committee on Law and Justice.
SHB 2538 by House Committee on Law and Justice (originally sponsored by Representatives Alexander, DeBolt, Sheahan and Appelwick)
Creating a new superior court position for Lewis county.
Referred to Committee on Law and Justice.
HB 2542 by Representatives Mulliken, Thompson, Cairnes, DeBolt, McMorris, Sherstad, Koster, Mielke, Sump, Bush, Johnson, D. Sommers and Schoesler
Allowing rural counties to remove themselves and their cities from planning requirements under the growth management act.
Referred to Committee on Government Operations.
SHB 2545 by House Committee on Finance (originally sponsored by Representatives Radcliff, Dunshee, Scott, Thompson and D. Schmidt)
Exempting community radio stations from property taxation.
Referred to Committee on Ways and Means.
SHB 2556 by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda and O'Brien) (by request of Department of Social and Health Services)
Making changes concerning the federal child abuse prevention and treatment act.
Referred to Committee on Human Services and Corrections.
SHB 2562 by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Scott and Wensman)
Specifying the number of signatures required on a petition to place on the ballot the question of changing the name of a port district.
Referred to Committee on Government Operations.
SHB 2589 by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Cooke, McDonald, Bush, Clements and Schoesler)
Requiring disclosure of the names of both parents of children as a condition of eligibility for temporary assistance for needy families.
Referred to Committee on Health and Long-Term Care.
HB 2598 by Representatives Radcliff, McDonald, Pennington, Dickerson, Mastin, Dunshee, O'Brien, Mulliken, Cole, Conway, Mason, Wood and Ogden
Modifying property tax exemptions for nonprofit organizations.
Referred to Committee on Ways and Means.
2SHB 2604 by House Committee on Appropriations (originally sponsored by Representatives Mason, Radcliff, Johnson, Carlson, Kessler, Sheahan, Van Luven, Cole, Dickerson, Butler, Hatfield, Kenney, O'Brien, Chopp, Keiser, Anderson, Ogden, Costa, Quall and Gombosky)
Requiring a study of the impact of parental involvement on academic achievement.
Referred to Committee on Education.
ESHB 2774 by House Committee on Health Care (originally sponsored by Representatives Backlund, Kastama, Sterk, Wood, O'Brien, Lambert, Zellinsky, Cody, McCune, Smith, Van Luven and Costa)
Creating an advisory committee on matters relating to the regulation of adult family homes.
Referred to Committee on Health and Long-Term Care.
ESHB 2836 by House Committee on Natural Resources (originally sponsored by Representatives Pennington, Mielke, Hatfield, Doumit, Buck, Boldt, Dunn, Alexander, Carlson, Kessler, McCune, Thompson and Conway)
Creating a pilot program for the recovery of fish runs.
Referred to Committee on Natural Resources and Parks.
E2SHB 2880 by House Committee on Appropriations (originally sponsored by Representatives Clements, Dickerson, Backlund, Gombosky, Parlette, Gardner and Delvin)
Creating a task force on agency vendor contracting practices.
Referred to Committee on Government Operations.
E2SHB 2881 by House Committee on Appropriations (originally sponsored by Representatives Clements, Dickerson, Parlette, Gombosky, Backlund, Gardner, Delvin, O'Brien and Lambert)
Auditing state contractors.
Referred to Committee on Government Operations.
E2SHB 2882 by House Committee on Appropriations (originally sponsored by Representatives Clements, Dickerson, Backlund, Parlette, Gardner, Gombosky and Delvin)
Providing technical assistance to agency personnel and state contractors.
Referred to Committee on Human Services and Corrections.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9251, Felix H. Anderson, as a member of the Board of Trustees for Bellingham Technical College District No 25, was confirmed.
APPOINTMENT OF FELIX H. ANDERSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 0; Excused, 5.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Excused: Senators Benton, Finkbeiner, Patterson, Sellar and Stevens - 5.
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9252, Kristi Blake, as a member of the Higher Education Coordinating Board, was confirmed.
Senators Wood and Brown spoke to the confirmation of Kristi Blake as a member of the Higher Education Coordinating Board.
APPOINTMENT OF KRISTI BLAKE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Deccio - 1. Excused: Senators Benton and Finkbeiner - 2.
SECOND READING
SENATE BILL NO. 5277, by Senators Winsley, Fraser, Prince, Long, Franklin, Loveland, Oke, Roach, Hochstatter, Swecker, Bauer and Patterson (by request of Joint Committee on Pension Policy)
Separating from public employees retirement system plan I.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 5277 was substituted for Senate Bill No. 5277 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5277 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5277.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5277 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. SUBSTITUTE SENATE BILL NO. 5277, 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. 6117, by Senators Morton, Snyder, Swecker, Stevens, Rossi and Oke
Creating a salmon license buyback program.
MOTIONS
On motion of Senator Oke, Substitute Senate Bill No. 6117 was substituted for Senate Bill No. 6117 and the substitute bill was placed on second reading and read the second time.
Senator Oke moved that the following amendments by Senator Morton be considered simultaneously and be adopted:
On page 2, line 3, after "chapter" strike "75.30" and insert "75.44"
On page 3, line 7, after "under" strike "RCW 75.44.110" and insert "((RCW 75.44.110)) section 2 of this act"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Morton on page 2, line 3, and page 3, line 7, to Substitute Senate Bill No. 6117.
The motion by Senator Oke carried and the amendments were adopted.
MOTIONS
On motion of Senator Morton, the following title amendment was adopted:
On page 1, at the beginning of line 3 of the title, before "RCW; creating" strike "75.30" and insert "75.44"
On motion of Senator Oke, the rules were suspended, Engrossed Substitute Senate Bill No. 6117 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6117.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6117 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Benton - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6117, 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. 6139, by Senators Oke, Swecker, T. Sheldon, Goings, Rasmussen and Benton
Increasing penalties for manufacture and delivery of amphetamine.
The bill was read the second time.
MOTION
Senator Oke moved that the following amendments be considered simultaneously and be adopted:
On page 3, line 10, after "deliver" strike "amphetamine or"
On page 3, after line 12 insert the following:
"Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Oke on page 3, line 10, and after line 12, to Senate Bill No. 6139.
The motion by Senator Oke carried and the amendments were adopted.
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Senate Bill No. 6139 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6139.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6139 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. ENGROSSED SENATE BILL NO. 6139, 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. 6156, by Senators Swecker, Fraser and Spanel (by request of Department of Natural Resources)
Studying methods for calculating water-dependent lease rates on state-owned aquatic lands.
MOTIONS
On motion of Senator Oke, Second Substitute Senate Bill No. 6156 was substituted for Senate Bill No. 6156 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Second Substitute Senate Bill No. 6156 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6156.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6156 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SECOND SUBSTITUTE SENATE BILL NO. 6156, 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. 6188, by Senators Oke, Benton, Strannigan, Bauer and Winsley
Increasing penalties for failing to register as a sex offender or moving without notifying the county sheriff.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Senate Bill No. 6188 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6188.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6188 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SENATE BILL NO. 6188, 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. 6190, by Senators Oke, Goings, Bauer, Haugen, Wood and Fraser
Strengthening laws on disabled persons' parking permits.
MOTIONS
On motion of Senator Oke, Second Substitute Senate Bill No. 6190 was substituted for Senate Bill No. 6190 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Oke, the rules were suspended, Second Substitute Senate Bill No. 6190 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6190.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6190 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SECOND SUBSTITUTE SENATE BILL NO. 6190, 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. 6201, by Senators Long, Hargrove and Winsley (by request of Department of Social and Health Services)
Making changes concerning the federal child abuse prevention and treatment act.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 6201 was substituted for Senate Bill No. 6201 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6201 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6201.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6201 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE SENATE BILL NO. 6201, 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. 6240, by Senator Stevens
Allowing a superior court judge to appoint a stenographic reporter.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6240 was substituted for Senate Bill No. 6240 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. 6240 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6240.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6240 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE SENATE BILL NO. 6240, 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. 6549, by Senators West, Hale, Anderson, Loveland, Swecker, Rossi and Deccio
Exempting coin-operated services of car washes from sales and use tax.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6549 was substituted for Senate Bill No. 6549 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6549 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6549.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6549 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Wood and Zarelli - 35. Voting nay: Senators Fairley, Franklin, Fraser, Hargrove, Jacobsen, Kline, Kohl, McAuliffe, Sheldon, B., Snyder, Spanel, Winsley and Wojahn - 13. Absent: Senator Thibaudeau - 1. SUBSTITUTE SENATE BILL NO. 6549, 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. 6608, by Senators Heavey, Schow and Jacobsen
Providing for election of councilmembers by districts in first class cities with populations of over four hundred thousand.
The bill was read the second time.
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President, if an amendment is before the body and no one moves it, can any member withdraw it or does it have to be the prime sponsor of that amendment?”
REPLY BY THE PRESIDENT
President Owen: “The President can make the decision based on the fact that nobody has moved the amendment, Senator.”
Senator McCaslin: “Mr. President, I move that the amendment be withdrawn.”
MOTION
Senator Fraser moved that the following amendment by Senators Kline and Thibaudeau be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.22.370 and 1965 c 7 s 35.22.370 are each amended to read as follows:
(1) Notwithstanding that the charter of a city of the first class may forbid the city council from redividing the city into wards except at stated periods, if the city has failed to redivide the city into wards during any such period, the city council by ordinance may do so at any time thereafter: PROVIDED, That there shall not be more than one redivision into wards during any one period specified in the charter.
(2) Any first class city with a population of more than four hundred thousand persons may have a city council with nine members, six of whom may be elected from districts with each of the six elected from one of six districts, and three of whom may be elected at large. For any city that chooses this option, the following requirements apply:
(a) The council shall by ordinance create a commission to divide the city into six districts and fix the boundaries of the districts. The council shall change the district boundaries from time to time and as provided in chapter 29.70 RCW. No change in the boundaries of any district may be made within one hundred twenty days next before the date of a general municipal election, nor within twenty months after the districts have been established or altered. However, if a boundary change results in one district being represented by more councilmembers than the number to which it is entitled, those having the shortest unexpired terms shall be assigned by the council to districts where there are vacancies, and the councilmembers so assigned shall be deemed to be residents of the districts to which they are assigned for purposes of determining whether those positions are vacant.
(b) Districts shall be used as follows: (i) Only a resident of the district may be a candidate for, or hold office as, a councilmember of the district; and (ii) only voters of the district may vote at a primary to nominate candidates for councilmember of the district, and only voters of the district may vote at the general election to elect a councilmember of the district. The three at-large positions shall not be associated with a district and the persons elected may reside anywhere in the city. Voters throughout the city may vote at a primary to nominate candidates for the at-large positions, when a primary is necessary, and at a general election to elect persons to the at-large positions.
(c) Additional territory that is added to the city shall, by act of the council, be annexed to contiguous districts without affecting the right to redistrict at the expiration of twenty months after the last previous division. The removal of a councilmember from the district for which he or she was elected shall create a vacancy in such office."
PARLIAMENTARY INQUIRY
Senator McCaslin: “A parliamentary inquiry, Mr. President. I understand the positive motion, but do we vote on either one of those or do you ask if there is any objection--how does that proceed?”
REPLY BY THE PRESIDENT
President Owen: “The positive motion is before us to adopt the amendment. Debate or discussion would be in order at this point, Senator McCaslin.”
Senator McCaslin: “Thank you, Mr. President.”
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Kline and Thibaudeau to Senate Bill No. 6608.
The motion by Senator Fraser failed and the striking amendment was not adopted.
MOTION
On motion of Senator Johnson the rules were suspended, Senate Bill No. 6608 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6608.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6608 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn and Zarelli - 37.
Voting nay: Senators Bauer, Brown, Fairley, Fraser, Kline, Kohl, Loveland, Prentice, Sellar, Spanel, Thibaudeau and Wood - 12.. SENATE BILL NO. 6608, 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. 6253, by Senators Schow, Horn, Swecker, Rasmussen, Goings and T. Sheldon
Reimbursing agency liquor vendors for credit sales of liquor.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 6253 was substituted for Senate Bill No. 6253 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6253 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Franklin, Senator Thibaudeau was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6253.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6253 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 7; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 41. Voting nay: Senators Anderson, Hargrove, Heavey, Hochstatter, Long, Oke and Stevens - 7. Excused: Senator Thibaudeau - 1. SUBSTITUTE SENATE BILL NO. 6253, 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 10:23 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:31 a.m. by President Owen.
SECOND READING
SENATE BILL NO. 6737, by Senators Deccio, Wojahn, Wood, Patterson, West, Fraser, Thibaudeau, Morton, Schow, Winsley, Oke, Prentice, B. Sheldon and Rasmussen
Regulating property taxation of residential housing occupied by low-income developmentally disabled persons.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6737 was substituted for Senate Bill No. 6737 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6737 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6737.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6737 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Hochstatter - 1. SUBSTITUTE SENATE BILL NO. 6737, 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 McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 1998-8701
By Senators McAuliffe, Winsley, Kline, Patterson, Hochstatter, McDonald, Prentice, Spanel, Snyder, Wood, Fraser, Thibaudeau, Goings, T. Sheldon, Kohl, Rasmussen, Loveland, Bauer, Franklin, Haugen, Stevens, Johnson, Hargrove, Jacobsen, Rossi, West, Roach, Long, Sellar, B. Sheldon, Prince, Wojahn, Finkbeiner and Hale
WHEREAS, Washington has a long history of commitment to public education for all students that took root in 1854 when the Washington Territorial Legislature framed the first public school law; and
WHEREAS, Each morning across our great state, the schoolhouse doors open and nearly one-fifth of the state’s population arrives for a day of learning in a public school; and
WHEREAS, The handful of common schools existing in 1854 blossomed into 2,312 public schools today, which host nearly one-million students, from the tiny Benge School District with just ten students, to the Seattle School District educating more than 47,000 children; and
WHEREAS, We recognize that the foundation of a sound education begins with the basics of reading, writing, and mathematics; and
WHEREAS, A school is a special place where each child is given the opportunity to learn; and
WHEREAS, A student can only achieve academic success with the involvement and partnership of an entire community of parents, teachers, staff, and business leaders who join together to make education and children their top priorities; and
WHEREAS, Washington is such a place, where students are provided the gifts of support and encouragement and the challenges of high academic standards, strong curriculum, and rigorous training; and
WHEREAS, Washington’s public school students are excited about learning and are using their public education to become life-long learners, contributors, and achievers;
NOW, THEREFORE BE IT RESOLVED, That today, President's Day, the Washington State Senate recognizes that Washington’s public school students are “on the road to better learning”; and
BE IT FURTHER RESOLVED, That the Senate applaud and commend the Office of the Superintendent of Public Instruction in its efforts along with students, parents, teachers, volunteers, staff, and administrators to make Washington’s public schools the exceptional institutions of learning they are today.
Senators McAuliffe and Hargrove spoke to Senate Resolution 1998-8701.
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6515, by Senators Strannigan, Finkbeiner, Morton and Swecker
Regulating franchises and the use of public rights of way.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Bill No. 6515 was substituted for Senate Bill No. 6515 and the substitute bill was placed on second reading and read the second time.
Senator Strannigan moved that the following amendment by Senators Strannigan, Hargrove and Finkbeiner be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that technological developments have made telecommunications evermore important to the health, safety, and welfare of the people of this state and to the efficient and cost-effective conduct of the state's economy. The pace of technological change is expected to continue and increase in the future. Massive investment by private industry in telecommunications infrastructure will be required to make the benefits of technological development available to the people of the state. This is particularly true if the modern infrastructure is to reach all parts of the state, rural as well as urban.
The legislature also finds it necessary to clarify and integrate policies on use of public rights of way in order to recognize and foster the changes that are occurring in telecommunications.
The legislature declares that government policies for the use of public rights of way should encourage investment in and development of the infrastructure needed for leading-edge applications in telecommunications. These policies will also serve as an important means of economic development, allowing the state to remain competitive in national and international markets and to attract jobs to and develop robust economies in its rural and underdeveloped areas.
The legislature further declares that growth in economic activity resulting from modernized right of way policies will create new jobs and business opportunities as well as bring better service and lower prices to consumers. State and local government will benefit by the availability of improved services and the creation of a larger and more stable revenue base.
The legislature declares that rights of way are dedicated, purchased, or held by the government for the use of the public in transportation, the delivery of utility services, and commerce; that government has the steward responsibility to protect these rights of way for these public purposes; and that the use of these rights of way by telecommunications facilities is essential for the protection and advancement of the public's health, safety, and welfare and therefore is in the public's interest.
The legislature intends that governments rely on construction and development regulations that apply generally and uniformly to construction both inside and outside the public right of way to the extent possible in connection with use of the public right of way for telecommunication facilities. It is the intent of the legislature that franchises be used only to coordinate and integrate construction and development regulations, permits, and the requirements of such other laws as specifically apply to the management of the physical assets located in the rights of way and that franchises not be used to impose duplicative requirements on authorized users of the rights of way.
It is the intent of the legislature to promote policies that recognize the introduction of competition in telecommunications, and that will result in new entrants into this industry, without needlessly changing or supplanting existing codes, regulations, and standards. As additional companies seek to locate their facilities in public rights of way, it is incumbent on local government to establish uniform, clear, competitively neutral, and nondiscriminatory rules for use of the public right of way.
It is the policy of the legislature that fees and charges levied by local governments on the telecommunications industry for use of public rights of way and for franchises, permits, and licenses required for construction, repair, maintenance, use, and operation of facilities for telecommunications shall not be a means of raising general revenue. It is the intent of the legislature and the policy of this state that fees for necessary permits and licenses do not exceed the actual costs incurred in receiving, considering, and issuing the permits and licenses, inspecting work in the right of way, restoring damage to the right of way related to such work, and maintaining the necessary systems and records to effectively manage the use of the right of way.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout chapter . . ., Laws of 1998 (this act).
(1) "Authorized facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services.
(2) "Authorized user" means any person providing telecommunications or cable television service to the public.
(3) "Cable television service" means the one-way broadcast or cable transmission of television or radio signals.
(4) "Public right of way" means roads, streets, and highways, including limited access highways and does not include federally granted trust lands and the forest board trust lands.
(5) "Telecommunications service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for the public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
NEW SECTION. Sec. 3. (1) An authorized user may erect, construct, support, attach, connect, stretch authorized facilities between, maintain, repair, replace, and operate and use authorized facilities in, upon, over, under, along, across, and through public rights of way. These authorized facilities shall be maintained within public rights of way so as not to unreasonably interfere with the free passage of traffic and in accordance with the laws of the state and appropriate codes, regulations, and standards adopted by counties, cities, and towns pursuant to those laws.
(2) Nothing in this section waives the responsibility of the authorized users to obtain permits for the installation of authorized facilities as required by counties, cities, and towns.
(3) Nothing in this section creates, modifies, or diminishes the priority of use for authorized facilities over other users of the right of way for utility purposes or other purposes subject to local franchise or permit.
NEW SECTION. Sec. 4. (1) Neither the state nor any county, city, or town may adopt or enforce regulations that:
(a) Discriminate or have the effect of discriminating among authorized users or authorized facilities;
(b) In any way conflict with: (i) Federal and state public service laws; (ii) federal or state laws, rules, and regulations that specifically apply to the design, construction, and operation of authorized facilities; or (iii) federal or state worker safety and public safety laws, rules, and regulations;
(c) Regulate services of authorized users based upon the content or type of signals that are carried or are capable of being carried over the telecommunications facilities, except where specifically authorized in state or federal law;
(d) Impose regulatory requirements that regulate the services and business operations of the authorized user, and that are not directly related to the use of rights of way, except where specifically authorized in state or federal law. To the maximum extent feasible, franchises applicable to telecommunications companies shall be used to coordinate and integrate construction and development regulations and permits and requirements and permits required under other laws relating to streets, roads, and highways. Franchises shall not be used to require additional permits, conditions, or requirements that are duplicated under other laws; or
(e) Provide for a period that exceeds one hundred twenty days between filing a complete application for a permit and issuance of the permit, or otherwise unreasonably delay work by authorized users on authorized facilities in the public right of way except where required by specific procedures to assure cooperation of work within the right of way which provide reasonable opportunities for scheduling of work and do not impose unreasonable barriers to entry or with the agreement of the applicant.
(2) Counties, cities, and towns are encouraged to develop procedures to provide interim authorizations for the installation of authorized facilities and process a complete permit, where the timeline to complete such an agreement is expected to exceed one hundred twenty days.
(3) Counties, cities, and towns are encouraged to work together and with industry, using the experience of the industry and those counties, cities, and towns that have adopted wireless regulations, to develop a model ordinance for the siting of wireless telecommunications facilities by January 1, 1999.
NEW SECTION. Sec. 5. (1) Except as provided in subsection (2) of this section, neither the state nor any county, city, or town shall place a moratorium on the acceptance and processing of applications, permitting, construction, maintenance, repair, replacement, extension, operation, or use of any wireless communication facility that is authorized under sections 2 through 6 of this act following the effective date of this section. An existing moratorium that expires following the effective date of this section shall not be extended in whole or in part.
(2)(a) A city or town incorporated after the effective date of this section shall be permitted to impose one moratorium that shall not exceed one hundred eighty days and shall not be extendable.
(b) Upon the expiration of a moratorium authorized by (a) of this subsection, the authorizing city or town is subject to subsection (1) of this section.
(3) This section applies to moratoriums one hundred twenty days after the adoption of a model ordinance under section 4(3) of this act or on April 1, 1999, whichever occurs first.
NEW SECTION. Sec. 6. (1) Neither the state nor any county, city, or town may impose, demand, or accept any compensation from an authorized user, whether by fee, charge, license, rent, use of authorized facilities at other than normal charges, provision of in-kind services by authorized users without compensation or at below-market rates, or by any other manner for:
(a) The use or occupancy of public rights of way for authorized facilities; or
(b) Any act authorized by sections 2 through 6 of this act unless the fee, charge, or other compensation is imposed generally and uniformly on projects outside public rights of way.
(2) No fee, charge, or other compensation permitted under subsection (1) of this section may recover more than the direct administrative expenses actually incurred by the state, county, city, or town in receiving and approving a construction or development permit, inspecting plans and construction, development and maintenance of record systems and excavation authorizations systems, costs of repair or restoration of the right of way, or preparing a detailed statement pursuant to chapter 43.21C RCW.
(3) This section does not preclude a county, city, or town from issuing franchises and imposing franchise fees for cable services as allowed by federal law.
(4) This section does not amend, repeal, or modify any law governing the taxing authority of cities or towns.
NEW SECTION. Sec. 7. A new section is added to chapter 35.21 RCW to read as follows:
Each city or town is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapters 35.77, 35.78, and 36.70A RCW.
NEW SECTION. Sec. 8. A new section is added to chapter 35A.21 RCW to read as follows:
Each code city is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapter 36.70A RCW.
NEW SECTION. Sec. 9. A new section is added to chapter 36.01 RCW to read as follows:
Each county is subject to the requirements and restrictions regarding telecommunications services and public rights of way under sections 2 through 6 of this act. However, sections 2 through 6 of this act do not limit or modify the applicability of chapters 36.70, 36.70A, 36.75, 36.78, 36.80, 36.81, and 36.86 RCW.
NEW SECTION. Sec. 10. Sections 2 through 6 of this act are each added to chapter 80.36 RCW."
POINT OF INQUIRY
Senator Prentice: “Senator Strannigan, I just want to be sure that I heard correctly. You used a word that I have never heard before.--'disencent.' Is that one you just made up?”
Senator Strannigan: “I don't think I can take credit for that one. I have heard it used a number of times over the course of the years on this bill, actually. If I may, it is based on the word 'incentive.'”
Senator Prentice: “It is certainly tragic that we have seen the deterioration of the English language in these halls.”
MOTION
Senator Franklin moved that the following amendments by Senators Franklin, Goings and Rasmussen to the striking amendment by Senators Strannigan, Hargrove and Finkbeiner be considered simultaneously and be adopted:
On page 2, line 22 of the amendment, after "way." strike all the material down to and including "right of way." on line 33
On page 5, after line 18 of the amendment, strike all the material down to and including "towns" on page 6, line 5
Renumber the sections consecutively and correct any internal references accordingly.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Franklin, Goings and Rasmussen on page 2, line 22, and page 5, after line 18, to the striking amendment by Senators Strannigan, Hargrove and Finkbeiner to Substitute Senate Bill No. 6515.
The motion by Senator Franklin failed and the amendments to the striking amendment were not adopted on a rising vote.
MOTION
Senator Haugen moved that the following amendments by Senators Haugen and Wood to the striking amendment by Senators Strannigan, Hargrove and Finkbeiner be considered simultaneously and be adopted:
On page 3, beginning on line 11 of the amendment, strike ", streets, and highways, including limited access highways" and insert "and streets,"
On page 3, beginning on line 35 of the amendment, strike "Neither the state nor any" and insert "No"
On page 5, beginning on line 2 of the amendment, strike "neither the state nor any" and insert "no"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Haugen and Wood on page 3, beginning on lines 11 and 35, and page 5, beginning on line 2, to the striking amendment by Senators Strannigan, Hargrove and Finkbeiner to Substitute Senate Bill No. 6515.
The motion by Senator Haugen failed and the amendments to the striking amendment were not adopted on a rising vote.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Strannigan, Hargrove and Finkbeiner to Substitute Senate Bill No. 6515.
POINT OF INQUIRY
Senator Snyder: “Senator Finkbeiner, we have heard a lot about this being very important to development and rural communities and I certainly stand behind that, but I have been getting an awful lot of communications from the four counties that I represent and from most all the cities within those counties that are opposed to this bill. I know you have worked very hard to try and come up with an agreement that would satisfy everybody. Are the cities and counties bought off on this proposal and do they support it now?”
Senator Finkbeiner: “No, Senator Snyder, but I appreciate you asking that question, because from the beginning we have worked very hard to incorporate their issues and concerns and you have my commitment, and I think also the commitment of the prime sponsor, that we will continue to work that as this bill moves through the process and over the interim. This is definitely a very complex issue that is going to need continued study and while they have not bought off for support of this bill in its entirety, I think that I can say that we have worked very closely with them and we will continue to do that.”
POINT OF INQUIRY
Senator Rasmussen: “Senator Finkbeiner, I need to follow up on this, because of the pass-through. You know there are a lot of companies that maybe come from California, Colorado, or someplace and want to pass-through our counties or pass-through the state. Can we still ask of the counties and cities to provide a hookup or something for WSU or some of the other facilities--for some of our businesses instead of just passing through? I mean, they are going to dig up our roads and we are going to be inconvenienced at some point and if we can't charge them, or anything, but can we at least ask them to provide some sort of hookup for that inconvenience they may cause to our rural areas or any areas in the state?”
Senator Finkbeiner: “First of all, we will be getting--the cities and counties or the state depending on whose right-of-way they would be in, under this bill, they would be recovering all their costs. So, whatever costs are associated with that digging up, regardless of who the company was, we would be able to recover those costs. If those companies came into this state, we sure could ask them to hook up our universities and higher ed, just like we are right now with the bill we passed last year and the funding package where we paid a significant amount of money in order to connect our higher education--K 20 network--throughout the state. I don't think that it would be in the best interest of our constituents to ask our constituents to pay for that without it being specifically levied as a tax or the same way we fund low income telephone assistance and that sort of thing. So that is the answer.”
Senator Rasmussen: “Thank you. Then the answer is, 'no?.' What is the intent? I mean, is the intent--is the answer, 'no,' then? If we cannot--”
Senator Finkbeiner: “Is your question, can we make them supply public telecommunication services to public institutions, universities, or local government or whatever--can we make them--as requirement of the right-of ways? Under this bill, no, they would not be able to do that?”
Senator Rasmussen: “Can they currently?”
Senator Finkbeiner: “Can they currently?”
Senator Rasmussen: “Yes, can we currently?”
RULING BY THE PRESIDENT
President Owen: “Senators, it is not appropriate that we carry out a conversation between the two of you with questions and answers and debate.”
Senator Finkbeiner: “Thank you, Mr. President.”
Senator Rasmussen: “I'm sorry.”
Further debate ensued.
POINT OF ORDER
Senator Johnson: “A point of order, Mr. President. I think the Senator has spoken twice on this amendment, contrary to the rules.”
REPLY BY THE PRESIDENT
President Owen: “Senator Johnson, this is the striking amendment and that was the first time she spoke on the striking amendment.” Senator Franklin asked Senator Finkbeiner to yield to a question and Senator Finkbeiner would not yield.
Senator Betti Sheldon 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 striking amendment by Senators Strannigan, Hargrove and Finkbeiner to Substitute Senate Bill No. 6515.
ROLL CALL
The Secretary called the roll and the striking amendment was adopted by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley and Zarelli - 36. Voting nay: Senators Bauer, Fairley, Franklin, Fraser, Haugen, Loveland, McAuliffe, Sheldon, B., Snyder, Spanel, Thibaudeau, Wojahn and Wood - 13.
MOTIONS
On motion of Senator Strannigan, the following title amendment was adopted:
On page 1, line 1 of the title, after "way;" strike the remainder of the title and insert "adding new sections to chapter 80.36 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and creating a new section."
On motion of Senator Strannigan, the rules were suspended, Engrossed Substitute Senate Bill No. 6515 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6515.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6515 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Rasmussen, Schow, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley, Wojahn and Wood - 22. ENGROSSED SUBSTITUTE SENATE BILL NO. 6515, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:24 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 1:15 p.m.
MOTIONS
On motion of Senator Goings, Senator Bauer was excused.
On motion of Senator Swecker, Senators McCaslin, Oke, Prince, Sellar and West were excused.
SECOND READING
SENATE BILL NO. 6464, by Senators Goings, Winsley, Roach, Anderson, Patterson, Fairley, Franklin, McAuliffe, Jacobsen, Horn, Haugen, Schow, Rasmussen and Oke (by request of Governor Locke)
Increasing the penalty for manufacture of methamphetamine.
The bill was read the second time.
MOTION
On motion of Senator Johnson the rules were suspended, Senate Bill No. 6464 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6464.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6464 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43.
Excused: Senators Bauer, McCaslin, Oke, Prince, Sellar and West - 6.
SENATE BILL NO. 6464, 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 Swecker, Senator Schow was excused.
SECOND READING
SENATE BILL NO. 6544, by Senators Deccio, Franklin, Wood, Wojahn and Winsley
Providing for adult family home and boarding home training.
MOTIONS
On motion of Senator Johnson, Second Substitute Senate Bill No. 6544 was substituted for Senate Bill No. 6544 and the second substitute bill was placed on second reading and read the second time.
On motion of Senator Johnson, the rules were suspended, Second Substitute Senate Bill No. 6544 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6544.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6544 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44. Absent: Senator Finkbeiner - 1. Excused: Senators Bauer, McCaslin, Prince and Schow - 4. SECOND SUBSTITUTE SENATE BILL NO. 6544, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTIONS
On motion of Senator Goings, Senators Heavey, Loveland and Snyder were excused.
On motion of Senator Swecker, Senators McDonald, Strannigan and West were excused.
SECOND READING
SENATE BILL NO. 6406, by Senators Anderson, Brown, Long, Franklin, Strannigan, Winsley and Oke
Exempting income from the adoption support program from gross family income calculations for the basic health plan.
The bill was read the second time.
MOTION
On motion of Senator Anderson the rules were suspended, Senate Bill No. 6406 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6406.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6406 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 0; Absent, 1; Excused, 9.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 39. Absent: Senator Finkbeiner - 1. Excused: Senators Heavey, Loveland, McCaslin, McDonald, Prince, Schow, Snyder, Strannigan and West - 9. SENATE BILL NO. 6406, 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. 6396, by Senators Wood, Kohl, Winsley, Haugen, Prince, Bauer and West
Creating the Washington center for real estate research.
MOTIONS
On motion of Senator Anderson, Substitute Senate Bill No. 6396 was substituted for Senate Bill No. 6396 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 6396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6396.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6396 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 7; Absent, 0; Excused, 7.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Winsley and Wood - 35. Voting nay: Senators Brown, Fairley, Kline, Patterson, Thibaudeau, Wojahn and Zarelli - 7. Excused: Senators Heavey, Loveland, McCaslin, McDonald, Schow, Snyder and West - 7. SUBSTITUTE SENATE BILL NO. 6396, 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. 6392, by Senators Strannigan, Long, West and Oke
Providing financial support to licensed overnight youth shelters.
The bill was read the second time.
MOTION
On motion of Senator Long, the rules were suspended, Senate Bill No. 6392 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6392.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6392 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 43. Absent: Senator Bauer - 1. Excused: Senators Heavey, McCaslin, McDonald, Schow and West - 5. SENATE BILL NO. 6392, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6731, by Senators Newhouse and Deccio
Removing a property tax exemption for airport property belonging to out-of-state municipal corporations.
MOTIONS
On motion of Senator Strannigan, Substitute Senate Bill No. 6731 was substituted for Senate Bill No. 6731 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Strannigan, the rules were suspended, Substitute Senate Bill No. 6731 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Johnson was excused.
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6731.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6731 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Excused: Senators Johnson, McCaslin, McDonald and Schow - 4. SUBSTITUTE SENATE BILL NO. 6731, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6728, by Senators Newhouse, Loveland, Morton, Rasmussen, Deccio and Schow
Providing tax exemptions for activities conducted for hop commodity commissions or boards.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 6728 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6728.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6728 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Johnson and McDonald - 2. SENATE BILL NO. 6728, 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. 6727, by Senators West, Wood, Hale, Kohl, Winsley, Prince, B. Sheldon, McDonald, Brown, Bauer, Rasmussen and Oke
Modifying the savings incentive and education savings accounts.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6727 was substituted for Senate Bill No. 6727 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6727 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Jacobsen: “Senator West, I am looking at Senate Bill No. 6242 and as you described this bill--I can't find it on my calendar right now--but it sounds as if they both achieve the same purpose--both of them create an endowment--and the difference would be?” Senator West: “Senator Jacobsen, there is a bill going through the Legislature that does have an endowment attached to it or that is a new endowment program. There is currently, in statute, a fund for distinguished professorships, a fund for graduate fellowships, and a fund for exceptional faculty. Those are in statute and they have been funded on a sporadic basis from time through the general fund. What this would do, would simply take those that are already in statute and give them a dedicated revenue stream in the future. This is not connected at all to the other bill and I would consider them to be unrelated.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6727.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6727 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Johnson and McDonald - 2. SUBSTITUTE SENATE BILL NO. 6727, 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. 6668, by Senators Heavey, Schow, Anderson, West, T. Sheldon, Rasmussen, Strannigan and Johnson
Extending tax deferrals for new thoroughbred race tracks.
The bill was read the second time.
MOTION
On motion of Senator Heavey, the rules were suspended, Senate Bill No. 6668 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6668.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6668 and the bill passed the Senate by the following vote: Yeas, 39; Nays, 8; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Haugen, Oke, Prentice and Thibaudeau - 8. Excused: Senators Johnson and McDonald - 2. SENATE BILL NO. 6668, 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. 6662, by Senators Strannigan, T. Sheldon and Schow
Eliminating the business and occupation tax on property managers' compensation.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 6662 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6662.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6662 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Johnson and McDonald - 2. SENATE BILL NO. 6662, 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. 6634, by Senators Horn, Haugen, Wood and Oke (by request of Department of Licensing)
Allowing extension of a driver's license expiring while out of state.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 6634 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6634.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6634 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Johnson and McDonald - 2. SENATE BILL NO. 6634, 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. 6591, by Senators Horn, Haugen and Wood (by request of Department of Licensing)
Providing for waiver of administrative alcohol or drug-related hearing fees due to indigency.
The bill was read the second time.
MOTION
On motion of Senator Horn, the rules were suspended, Senate Bill No. 6591 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6591.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6591 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Johnson and McDonald - 2. SENATE BILL NO. 6591, 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. 6590, by Senators Horn, Haugen and Wood (by request of Department of Licensing)
Revising provision for driver's license examinations.
MOTIONS
On motion of Senator Horn, Substitute Senate Bill No. 6590 was substituted for Senate Bill No. 6590 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Horn, the rules were suspended, Substitute Senate Bill No. 6590 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6590.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6590 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE SENATE BILL NO. 6590, 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. 6558, by Senators Zarelli, Hargrove, Long, Stevens, Roach and Oke
Creating citizen review panels to review child abuse and neglect cases.
MOTIONS
On motion of Senator Zarelli, Substitute Senate Bill No. 6558 was substituted for Senate Bill No. 6558 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Zarelli, the rules were suspended, Substitute Senate Bill No. 6558 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Loveland, Senator Franklin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6558.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6558 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Franklin - 1. SUBSTITUTE SENATE BILL NO. 6558, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6645, by Senators Johnson, Haugen and McCaslin
Eliminating the requirement that the director of public defense have experience representing persons accused of crime.
The bill was read the second time.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Bill No. 6645 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6645.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6645 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 44. Voting nay: Senators Fairley, Heavey, Kline and Thibaudeau - 4. Absent: Senator Roach - 1. SENATE BILL NO. 6645, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
Vice President Pro Tempore Morton assumed the Chair.
SECOND READING
SENATE BILL NO. 6699, by Senators Schow, Anderson, Newhouse, Zarelli, Horn, Winsley, Stevens, Benton, Rossi, Long, Sellar and Oke
Limiting the liability of a current or former employer who provides information about a current or former employee's work record to a prospective employer.
The bill was read the second time.
MOTION
Senator Heavey moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 49.12 RCW to read as follows:
An employer may disclose to a prospective employer job-related information about a former or current employee's job performance or job conduct. An employer shall be civilly liable for the disclosure of such information only upon a showing by clear and convincing evidence that the employer knew the information was false or had a reckless disregard for the truth of the information. Nothing in this section shall affect or limit any other state, federal, or constitutional right otherwise available.
"Debate ensued.
Senator Goings demanded a roll call and the demand was sustained.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator Heavey to Senate Bill No. 6699.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 19. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30.
MOTION
Senator Hargrove moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 49.12 RCW to read as follows:
An employer may disclose to a prospective employer job-related information about a former or current employee's job performance or job conduct. An employer is civilly liable for the disclosure of that information only upon a showing by a preponderance of the evidence that the employer knew the information was false. Nothing in this section affects or limits any other state, federal, or constitutional right otherwise available.
"Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senator Hargrove to Senate Bill No. 6699.
The motion by Senator Hargrove failed and the striking amendment was not adopted on a rising vote.
MOTION
On motion of Senator Schow, the rules were suspended, Senate Bill No. 6699 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The Vice President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6699.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6699 and the bill passed the Senate by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 31. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Hargrove, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 18. SENATE BILL NO. 6699, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
President Owen assumed the Chair.
MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Prince, the following resolution was adopted:
SENATE RESOLUTION 1998-8702
By Senators Prince, Hale, West, Zarelli, Anderson, Snyder, Morton, Deccio, McCaslin, Patterson, Benton, Finkbeiner, Newhouse, Rasmussen, Bauer, Wood, Fraser, Sellar, Loveland, Hochstatter, Johnson, Brown, Spanel and B. Sheldon
WHEREAS, The residents of this state are still glowing with pride over the accomplishments of the 1997 Washington State University Cougars football team; and
WHEREAS, The Cougars, led by Coach of the Year Mike Price and All-American Quarterback Ryan Leaf, enjoyed their best season since 1931, defeating the UCLA Bruins, the USC Trojans, and the Arizona Wildcats while winning ten games this season; and
WHEREAS, The tenth win of that season came in Husky Stadium, where the Cougars won the Apple Cup and earned their first Rose Bowl appearance since 1931; and
WHEREAS, The Washington State Cougars, played with pride, poise, and spirit in taking the battle to the University of Michigan Wolverines; and
WHEREAS, Mike Price, the architect of this wonderful season, having survived the slings and arrows of the media, alumni, and University of Washington alums since 1989, has forever put to rest the expression, "Cougin' it," a term that Husky alums once tortured Cougar fans with; and
WHEREAS, Mike Price has been honored by The Sporting News, the Football Writers of America, the American Football Coaches Association, and the Bobby Dowd Foundation as the 1997 Coach of the Year; and
WHEREAS, Mike Price has sent to the National Football League talent including Drew Bledsoe, Steve Broussard, Mark Fields, and Ryan Leaf; and
WHEREAS, Unlike many other football coaches who rebuild programs only to leave for greener pastures, Mike Price has chosen to stay at Washington State University, the school where he earned his master's degree in physical education and got his first college football coaching position in 1969;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the Washington State University Cougars football team and their head coach Mike Price for their glorious season and for the sense of pride the team brought to both sides of the Cascades; and
BE IT FURTHER RESOLVED, That copies of this resolution be forwarded by the Secretary of the Senate to the Honorable Gary Locke, Governor of the state of Washington; the Honorable Brad Owen, Lieutenant Governor of the state of Washington and President of the Washington State Senate; the Honorable Clyde Ballard, Speaker of the House of Representatives; Samuel H. Smith, President of Washington State University; Richard R. Albrecht, President of the Board of Regents of Washington State University; Rick Dickson, Director of Athletics at Washington State University; and Mike Price, Head Coach.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced several of the players and coaches of the Washington State University Cougars football team, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator Hale: “A point of personal privilege, Mr. President. I would like to point out that when the Cougs went to the Rose Bowl, Hell did not freeze over. Thank you.”
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 6408, by Senators McCaslin, Kline, Long, Fairley, Stevens, Hargrove, Zarelli, Johnson, Thibaudeau, Haugen, Schow, Roach and Oke
Increasing penalties for alcohol violators who commit the offense with a person under the age of seventeen in the motor vehicle.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6408 was substituted for Senate Bill No. 6408 and the substitute bill was placed on second reading and read the second time.
On motion of Senator McCaslin, the following amendment by Senators Kline and McCaslin was adopted:
On page 5, line 21, after "of" strike "seventeen" and insert "ten"
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6408 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6408.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6408 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Absent: Senator Prince - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6408, 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. 6208, by Senators Hargrove, Long, Franklin, Winsley and Oke
Revising procedures for at-risk youth.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 6208 was substituted for Senate Bill No. 6208 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6208 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6208.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6208 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Fairley, Kohl and Thibaudeau - 3. Absent: Senator Newhouse - 1. SUBSTITUTE SENATE BILL NO. 6208, 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 Hale, Senator Newhouse was excused.
SECOND READING
SENATE BILL NO. 6306, by Senators Long, Winsley, Rossi, Bauer, Roach and Anderson (by request of Joint Committee on Pension Policy)
Creating the Washington school employees' retirement system.
MOTIONS
On motion of Senator Long, Substitute Senate Bill No. 6306 was substituted for Senate Bill No. 6306 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Long, the rules were suspended, Substitute Senate Bill No. 6306 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6306.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6306 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Newhouse - 1. SUBSTITUTE SENATE BILL NO. 6306, 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. 6119, by Senators Schow, Haugen, Patterson, McCaslin and Roach
Concerning the assumption of a water-sewer district by a municipality.
MOTIONS
On motion of Senator Schow, Substitute Senate Bill No. 6119 was substituted for Senate Bill No. 6119 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Schow, the rules were suspended, Substitute Senate Bill No. 6119 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6119.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6119 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 41. Voting nay: Senators Haugen, Jacobsen, McDonald, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 8. SUBSTITUTE SENATE BILL NO. 6119, 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. 6746, by Senator Winsley
Regulating purchasing of insurance services.
MOTIONS
On motion of Senator Winsley, Substitute Senate Bill No. 6746 was substituted for Senate Bill No. 6746 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 6746 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6746.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6746 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49. SUBSTITUTE SENATE BILL NO. 6746, 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. 6243, by Senators Hale, Loveland, Roach, T. Sheldon, B. Sheldon, Stevens, West, McCaslin, Prentice, Goings, Oke, Schow, Swecker and Kohl
Repealing the sales tax on residential laundry facilities.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6243 was substituted for Senate Bill No. 6243 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 6243 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6243.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6243 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Fraser, McAuliffe, Spanel and Thibaudeau - 4. SUBSTITUTE SENATE BILL NO. 6243, 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. 6431, by Senators Roach, Goings, Rasmussen, T. Sheldon, Rossi, Stevens, Long, Hochstatter, Oke, Swecker, McCaslin, Morton, Johnson, Deccio, Sellar and Haugen
Providing for impoundment and forfeiture of vehicles operated by persons driving a vehicle or in actual physical control of a vehicle while under the influence of intoxicating liquor.
MOTIONS
On motion of Senator Roach, Substitute Senate Bill No. 6431 was substituted for Senate Bill No. 6431 and the substitute bill was placed on second reading and read the second time.
Senator Kline moved that the following amendments by Senators Kline and Roach be considered simultaneously and be adopted:
On page 3, line 37, after "impounded" insert ", or pursuant to a provision of a state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record" On page 8, line 26, after "forfeiture" insert "unless an applicable state agency rule or local ordinance prohibits forfeiture on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Kline and Roach on page 3, line 37, and page 8, line 26, to Substitute Senate Bill No. 6431.
The motion by Senator Kline carried and the amendments were adopted.
MOTIONS
On motion of Senator Haugen, the following amendment by Senators Haugen, Loveland, Deccio, West and Winsley was adopted:
On page 17, after line 16, insert the following:
"NEW SECTION. Sec. 9. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."
On motion of Senator Roach, the following title amendment was adopted:
On page 1, line 6 of the title, after "RCW;" strike "creating a new section" and insert “creating new sections "
MOTION
On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 6431 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator Newhouse was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6431.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6431 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Fairley, Finkbeiner, Goings, Haugen, Johnson, Kline, Long, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Wojahn and Zarelli - 28. Voting nay: Senators Brown, Deccio, Franklin, Fraser, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Sheldon, B., Snyder, Winsley and Wood - 20. Excused: Senator Newhouse - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6431, 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. 6242, by Senators Wood, West, Bauer, Winsley, Kohl, Prince, Hale, Haugen, B. Sheldon, Patterson, Goings, Wojahn, Anderson, McAuliffe and Schow
Creating the Washington state endowment for higher education.
MOTIONS
On motion of Senator Wood, Substitute Senate Bill No. 6242 was substituted for Senate Bill No. 6242 and the substitute bill was placed on second reading and read the second time.
Senator Jacobsen moved that the following amendments by Senators Jacobsen, Goings, Finkbeiner, Rossi and Heavey be considered simultaneously and be adopted:
On page 1, beginning on line 4, after "Sec. 1.", strike all material through "moneys." on line 14 and insert "The intent of this chapter is to provide permanent quality improvements and enrollment opportunities in Washington state's higher education system. The legislature recognizes that the state's higher education system can be strengthened by additional partnerships among individual donors, private corporations, public institutions of higher education, and private institutions of higher education. The legislature further recognizes that partnerships among donors, the business community, and higher education can form the basis for direct accountability, improve access, and strengthen Washington's higher education system. The legislature intends to create a matching fund program to assist needy and meritorious students attend the Washington higher education institution of their choice and to assist institutions of higher education in creating endowments financed jointly by public and private moneys."
On page 1, at the beginning of line 15, strike "The" and insert "Fifty percent of the"
On page 1, line 16, after "students;" insert "fifty percent of the endowments are intended to provide financial aid and scholarship moneys to Washington residents to attend a Washington higher education institution;"
On page 2, line 17, after "(3)" insert ""Private institution of higher education" means a private nonprofit education institution, the main campus of which is permanently situated in the state, that is open to residents of the state, that provides programs of education beyond high school leading at least to the baccalaureate degree, and that is accredited by the Northwest association of schools and colleges.
(4)"
On page 2, line 20, after "established." strike "Funds" and insert "Fifty percent of the funds"
On page 2, line 23, after "colleges." insert "Fifty percent of the funds appropriated by the legislature for the trust fund shall be deposited in an account in the state treasury for the higher education coordinating board."
On page 2, after line 32, insert the following:
"(3) State matching funds from the trust fund for the higher education coordinating board shall be used to award scholarships for Washington residents who have graduated from high school with a grade point average of 3.0, have financial need, and choose to attend college in Washington state."
Renumber the subsections consecutively and correct internal references accordingly.
On page 2, line 35, after "education" insert "or the higher education coordinating board"
On page 3, line 2, after "foundation" insert "or the higher education coordinating board"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Jacobsen, Goings, Finkbeiner, Rossi and Heavey on page 1, beginning on lines 4 and 15 and page 1, line 16; page 2, lines 17, 20, 23, 32, and 35; and page 3, line 2, to Substitute Senate Bill No. 6242.
The motion by Senator Jacobsen failed and the amendments were not adopted on a rising vote.
MOTION
On motion of Senator Wood, the rules were suspended, Substitute Senate Bill No. 6242 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6242.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6242 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 8; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 40. Voting nay: Senators Benton, Deccio, Finkbeiner, Hochstatter, Jacobsen, McCaslin, Stevens and Zarelli - 8. Excused: Senator Newhouse - 1. SUBSTITUTE SENATE BILL NO. 6242, 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. 6174, by Senator McCaslin
Changing compensation for special district commissioners.
MOTIONS
On motion of Senator McCaslin, Substitute Senate Bill No. 6174 was substituted for Senate Bill No. 6174 and the substitute bill was placed on second reading and read the second time.
Senator McCaslin moved that the following amendments by Senators McCaslin and Patterson be considered simultaneously and be adopted:
On page 1, beginning on line 9, after "duties" strike "without compensation" and insert "((without compensation))"
On page 5, at the beginning of line 34, strike "shall receive no compensation for their services, but" and insert "((shall receive no compensation for their services, but))"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators McCaslin and Patterson on page 1, beginning on line 9, and page 5, beginning on line 34, to Substitute Senate Bill No. 6174.
The motion by Senator McCaslin carried and the amendments were adopted.
MOTION
On motion of Senator McCaslin,, the rules were suspended, Engrossed Substitute Senate Bill No. 6174 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Fairley: “Senator McCaslin, does this include fire district commissioners?”
Senator McCaslin: “Yes. Here is what it includes: metropolitan park districts; cemetery districts; diking and drainage districts; draining districts; diking, drainage, sewage improvement districts; inter-county drainage and diking districts; flood control districts; irrigation districts; public transit benefit authority districts; and public utility districts.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6174.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6174 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Fairley, Heavey and Kline - 3. Excused: Senator Newhouse - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6174, 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. 6560, by Senators Brown, Jacobsen, T. Sheldon, Kohl, Hargrove, Fairley, B. Sheldon, Prentice, Wojahn, Loveland, Thibaudeau, McAuliffe, Heavey, Spanel, Snyder, Rasmussen, Haugen, Patterson and Franklin
Protecting the rights of retail electric customers.
MOTIONS
On motion of Senator Finkbeiner, Substitute Senate Bill No. 6560 was substituted for Senate Bill No. 6560 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Tim Sheldon, the following amendment by Senators Tim Sheldon, Finkbeiner and Brown was adopted:
On page 6, after line 22, strike the remainder of the sentence beginning with "a cooperative" through "RCW" on line 24, and insert the following:
"any consumer-owned utility with twenty-five thousand or fewer electric meters in service, or that has an average of seven or fewer customers per mile of distribution line"
Debate ensued.
MOTION
On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute Senate Bill No. 6560 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Goings, Senator Prentice was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6560.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6560 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Newhouse and Prentice - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 6560, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the seventh order of business.
THIRD READING
SUBSTITUTE SENATE BILL NO. 5769, by Senate Committee on Law and Justice (originally sponsored by Senators Johnson and Goings)
Concerning the theft of beverage crates and merchandise pallets.
MOTIONS
On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5769 was returned to second reading and read the second time.
On motion of Senator Johnson, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.56.010 and 1997 c 346 s 2 are each amended to read as follows:
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) "Appropriate lost or misdelivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;
(2) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;
(3) "Access device" means any card, plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services, or anything else of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument;
(4) "Deception" occurs when an actor knowingly:
(a) Creates or confirms another's false impression which the actor knows to be false; or
(b) Fails to correct another's impression which the actor previously has created or confirmed; or
(c) Prevents another from acquiring information material to the disposition of the property involved; or
(d) Transfers or encumbers property without disclosing a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or
(e) Promises performance which the actor does not intend to perform or knows will not be performed.
(5) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs;
(6) "Obtain control over" in addition to its common meaning, means:
(a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or
(b) In relation to labor or service, to secure performance thereof for the benefits of the obtainer or another;
(7) "Wrongfully obtains" or "exerts unauthorized control" means:
(a) To take the property or services of another;
(b) Having any property or services in one's possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or
(c) Having any property or services in one's possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where such use is unauthorized by the partnership agreement;
(8) "Merchandise pallet" means a wood or plastic carrier designed and manufactured as an item on which products can be placed prior to or during transport to retail outlets, manufacturers, or contractors, and affixed with language stating "property of . . .," "owned by . . .," or other markings or words identifying ownership;
(9) "Beverage crate" means a plastic or metal box-like container used by a manufacturer or distributor in the transportation or distribution of individually packaged beverages to retail outlets, and affixed with language stating "property of . . . . .," "owned by . . . . .," or other markings or words identifying ownership;
(10) "Owner" means a person, other than the actor, who has possession of or any other interest in the property or services involved, and without whose consent the actor has no authority to exert control over the property or services;
(((9))) (11) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;
(((10))) (12) "Services" includes, but is not limited to, labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam, and water;
(((11))) (13) "Stolen" means obtained by theft, robbery, or extortion;
(((12))) (14) "Subscription television service" means cable or encrypted video and related audio and data services intended for viewing on a home television by authorized members of the public only, who have agreed to pay a fee for the service. Subscription services include but are not limited to those video services presently delivered by coaxial cable, fiber optic cable, terrestrial microwave, television broadcast, and satellite transmission;
(((13))) (15) "Telecommunication device" means (a) any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic or electronic communications; or (b) any part of such an instrument, device, machine, or equipment, or any computer circuit, computer chip, electronic mechanism, or other component, that is capable of facilitating the transmission or reception of telephonic or electronic communications;
(((14))) (16) "Telecommunication service" includes any service other than subscription television service provided for a charge or compensation to facilitate the transmission, transfer, or reception of a telephonic communication or an electronic communication;
(((15))) (17) Value. (a) "Value" means the market value of the property or services at the time and in the approximate area of the criminal act.
(b) Whether or not they have been issued or delivered, written instruments, except those having a readily ascertained market value, shall be evaluated as follows:
(i) The value of an instrument constituting an evidence of debt, such as a check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
(ii) The value of a ticket or equivalent instrument which evidences a right to receive transportation, entertainment, or other service shall be deemed the price stated thereon, if any; and if no price is stated thereon, the value shall be deemed the price of such ticket or equivalent instrument which the issuer charged the general public;
(iii) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(c) Whenever any series of transactions which constitute theft, would, when considered separately, constitute theft in the third degree because of value, and said series of transactions are a part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all said transactions shall be the value considered in determining the degree of theft involved.
(d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved.
(e) Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars;
(((16))) (18) "Shopping cart" means a basket mounted on wheels or similar container generally used in a retail establishment by a customer for the purpose of transporting goods of any kind;
(((17))) (19) "Parking area" means a parking lot or other property provided by retailers for use by a customer for parking an automobile or other vehicle.
Sec. 2. RCW 9A.56.170 and 1975 1st ex.s. c 260 s 9A.56.170 are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the third degree if he or she possesses stolen property which does not exceed two hundred fifty dollars in value including possession of ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010.
(2) Possessing stolen property in the third degree is a gross misdemeanor.
Sec. 3. RCW 9A.56.140 and 1987 c 140 s 3 are each amended to read as follows:
(1) "Possessing stolen property" means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has not been convicted, apprehended, or identified is not a defense to a charge of possessing stolen property.
(3) When a person ((not an issuer or agent thereof)) has in his or her possession, or under his or her control, stolen access devices issued in the names of two or more persons, or ten or more stolen merchandise pallets, or ten or more stolen beverage crates, or a combination of ten or more stolen merchandise pallets and beverage crates, as defined under RCW 9A.56.010, he ((shall be)) or she is presumed to know that they are stolen.
((This)) (4) The presumption ((may be rebutted)) in subsection (3) of this section is rebuttable by evidence raising a reasonable inference that the possession of such stolen access devices, merchandise pallets, or beverage crates was without knowledge that they were stolen.
Sec. 4. RCW 9A.56.050 and 1975 1st ex.s. c 260 s 9A.56.050 are each amended to read as follows:
(1) A person is guilty of theft in the third degree if he or she commits theft of property or services which does not exceed two hundred and fifty dollars in value including ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates, as defined under RCW 9A.56.010.
(2) Theft in the third degree is a gross misdemeanor."
MOTIONS
On motion of Senator Johnson, the following title amendment was adopted:
On page 1, line 1 of the title, after "property;" strike the remainder of the title and insert "amending RCW 9A.56.010, 9A.56.170, 9A.56.140, and 9A.56.050; and prescribing penalties."
On motion of Senator Johnson, the rules were suspended, Engrossed Substitute Senate Bill No. 5769 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
POINT OF INQUIRY
Senator Heavey: “Senator Johnson, isn't stealing pallets, whether it is ten or more, a crime currently--even if it is a single pallet?”
Senator Johnson: “Yes.”
Senator Heavey: “Thank you.”
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5769.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5769 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 16; Absent, 2; Excused, 1.
Voting yea: Senators Anderson, Benton, Deccio, Fraser, Goings, Hale, Hochstatter, Horn, Jacobsen, Johnson, Long, McAuliffe, McCaslin, McDonald, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 30. Voting nay: Senators Brown, Fairley, Finkbeiner, Franklin, Hargrove, Haugen, Heavey, Kohl, Loveland, Morton, Newhouse, Patterson, Snyder, Spanel, Thibaudeau and Wojahn - 16. Absent: Senators Bauer and Kline - 2. Excused: Senator Prentice - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 5769, 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 5:21 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 5:38 p.m. by President Owen.
There being no objection, the President returned the Senate to the sixth order of business.
SECOND READING
SENATE BILL NO. 6290, by Senators Benton, Zarelli, Stevens, McDonald, Oke, Schow and Roach
Regarding parental notification for abortions.
MOTIONS
On motion of Senator Benton, Substitute Senate Bill No. 6290 was substituted for Senate Bill No. 6290 and the substitute bill was placed on second reading and read the second time.
Senator Patterson moved that the following amendments be considered simultaneously and be adopted:
On page 2, beginning on line 36, strike all of subsection (4), renumber the remaining subsections consecutively, and correct any internal references accordingly.
On page 3, line 37, following "abortion." insert the following:
"Where there is a reason to believe the male who participated in creating the pregnancy is an unemancipated minor or an incompetent person, no person may perform an abortion until forty-eight hours after actual notification and consent have been obtained from the custodial parent or guardian of the father."
On page 4, beginning on line 18, after "of" strike all material through "act" on line 20 and insert "a parent or guardian of a minor female or male is not required if the minor is emancipated as defined in section 3 of this act"
On page 4, beginning on line 29, after "That the" strike all material through "her" on line 30 and insert "minor female and male will be provided court-appointed counsel at her or his"
On page 4, line 32, after "(i)" strike "She is" and insert "One or both of the petitioning minors are"
On page 4, line 36, after "interest of the" strike all material through "child;" and insert "petitioning minors; and"
On page 4, line 38, after "guardian" strike "; and" and insert "."
On page 5, at the beginning of line 1, strike all of subsection (g)
Beginning on page 5, line 35, strike all of section 7
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 6, line 1, after "have" insert "or not have"
On page 6, line 2, after "performed" insert ", or to file or not file a petition under sections 1 through 11 of this act"
On page 6, line 24, after "her" insert "or his"
On page 6, line 26, after "pregnant" insert ", or is believed to be the male who participated in creating the pregnancy,"
On page 6, line 28, after "her" insert "or him"
On page 6, line 31, after "she" insert "or he"
On page 6, line 37, after "file her" insert "or his"
On page 6, line 37, after "solely her" insert "or his"
On page 7, line 8, after "(4)" insert "(a)"
On page 7, after line 23, insert the following:
"(b) In the case of a petition by an unemancipated or incompetent male, if the court finds by clear, cogent, and convincing evidence, that the petitioner is sufficiently mature or able to deal with the decision by the pregnant unemancipated or incompetent pregnant person to have an abortion, the court shall waive the requirement that a parent or guardian of the male be notified and provide consent. If the court does not make the finding specified in this subsection (4)(b) or in (a) of this subsection, the petition shall be dismissed."
Debate ensued.
Senator Betti Sheldon demanded a roll call and the demand was sustained.
MOTION
On motion of Senator Johnson, further consideration of Substitute Senate Bill No. 6290 was deferred.
At 5:46 p.m., there being no objection, the President declared the Senate to be at ease.
The Senate was called to order at 6:09 p.m. by President Owen.
There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6290 and the pending amendments by Senator Patterson on pages 2, 3, 4, 5, 6, and 7.
MOTION
There being no objection, Senator Patterson withdrew the amendments on pages 2, 3, 4, 5, 6, and 7, to Substitute Senate Bill No. 6290.
MOTION
Senator Benton moved that the following amendment by Senators Benton, Long, Hargrove and Swecker be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. Sections 1 through 10 of this act shall be known as and may be cited as the parental notification of abortion act.
NEW SECTION. Sec. 2. (1) The legislature finds that:
(a) Unemancipated minor children and incompetent persons often lack the maturity or ability to make fully informed choices that take into account both immediate and long-range consequences;
(b) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the patient is an immature or incompetent person;
(c) The capacity to become pregnant and the capacity to exercise mature judgment concerning abortion are not necessarily related;
(d) Parents or guardians ordinarily possess information essential to a physician's medical judgment concerning an unemancipated minor child or an incompetent person;
(e) Parents or guardians who are aware that an unemancipated minor child or incompetent person may have or has had an abortion may ensure that she receives adequate support, counseling, and medical attention before and after her abortion;
(f) Parental or guardian consultation and notification is usually desirable and in the best interest of the unemancipated minor child or incompetent person.
(2) The purpose of the legislature in enacting this parental notification law is to further the important and compelling state interests of:
(a) Protecting the rights of parents to rear children who are members of their household;
(b) Fostering family unity and preserving the family as a viable social unit; and
(c) Reducing teenage pregnancy and unnecessary abortion.
NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 10 of this act.
(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known by the physician to be pregnant. The use or prescription is not an abortion if done with the intent to (a) save the life or preserve the health of an unborn child, (b) remove a dead unborn child, or (c) deliver an unborn child prematurely in order to preserve the health of both the pregnant woman and her unborn child.
(2) "Actual notification" means the giving of notice directly by conversing with the parent or guardian, either in person or by telephone.
(3) "Constructive notification" means notice by certified mail to the last known address of the parent or guardian, with delivery deemed to have occurred forty-eight hours after the certified notice is mailed.
(4) "Coercion" means restraining, or dominating the choice of, an unemancipated minor or incompetent person by use of force, by threat of force, by deprivation of necessary food and shelter, or by use of fraud, misrepresentation, or deceit.
(5) "Emancipated minor" means a person under eighteen years of age who is or has been lawfully married or who has been emancipated.
(6) "Incompetent person" means a person who has been found to be legally incompetent under RCW 11.88.010(1)(e).
(7) "Medical emergency" means a condition exists that, on the basis of the physician's good-faith clinical judgment, necessitates immediate termination of pregnancy to avert her death, or failure to immediately terminate the pregnancy will create serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
(8) "Neglect" means the failure of a parent or guardian to supply an unemancipated minor or incompetent person with necessary food, clothing, shelter, or medical care when that parent or guardian is reasonably able to do so, or the failure of a parent or guardian to protect an unemancipated minor or incompetent person from a condition or action that imminently and seriously endangers the health of the unemancipated minor or incompetent person when that parent or guardian is reasonably able to protect the unemancipated minor or incompetent person from that condition or action.
(9) "Physical abuse" means any physical injury that is intentionally inflicted by a parent or guardian on an unemancipated minor child or incompetent person and that is medically significant as determined by a physician.
(10) "Physician" means any person licensed to practice medicine under chapter 18.57 or 18.71 RCW.
(11) "Sexual abuse" means a crime or offense involving sexual contact or sexual intercourse as defined in RCW 9A.44.010 and committed against an unemancipated minor or incompetent person by a family member or guardian.
NEW SECTION. Sec. 4. (1) A physician shall not perform an abortion upon an unemancipated minor or upon an incompetent person unless the physician has given forty-eight hours actual notification to a custodial parent or to the guardian of the pregnant unemancipated minor or pregnant incompetent person of the physician's intention to perform the abortion. The notification may be given by a referring physician. If the notification is given by a referring physician, the physician shall not perform the abortion without receiving the referring physician's written statement certifying that the referring physician has provided notification. If actual notification is not possible after a reasonable effort, the physician or the physician's agent shall give forty-eight hours constructive notification.
(2) Notification shall not be given under subsection (1) of this section unless the unemancipated minor or incompetent person has signed a form prescribed by the department of health indicating that the unemancipated minor or incompetent person has been fully informed of the options available under sections 1 through 10 of this act. The department of health shall make the form available to all physicians in the state. The department of health shall ensure that the form includes information:
(a) That notification of a parent or guardian is generally required before an unemancipated minor or incompetent person may obtain an abortion;
(b) That notification of a parent or guardian is not required if the mother of the unborn child is emancipated as defined in section 3 of this act;
(c) That an alternative to providing notification may be available under section 5 of this act if the mother of the unborn child has been the victim of neglect or sexual or physical abuse by a parent or guardian as defined in section 3 of this act;
(d) That notification of a parent or guardian of the mother of the unborn child may not be required under section 6 of this act if a medical emergency exists and there is insufficient time to obtain the required notification;
(e) That the mother of the unborn child will be provided court-appointed counsel at her request, and that notification may be waived by a court under section 8 of this act, if the court finds: (i) By clear and convincing evidence that she is sufficiently mature to decide whether to have an abortion; or (ii) by a preponderance of the evidence that (A) there is a pattern of sexual or physical abuse by her parent or guardian; or (B) notification to a parent or guardian would not be in the best interest of the mother of the unborn child; and
(f) That in any circumstance the mother of the unborn child may choose to discuss her situation with her parent or guardian.
NEW SECTION. Sec. 5. If the pregnant unemancipated minor or pregnant incompetent person makes a written, signed declaration that she is a victim of sexual abuse, neglect, or physical abuse by either of her parents or her guardian, the physician intending to perform the abortion shall provide the notification required by sections 1 through 10 of this act to a brother or sister of the unemancipated minor or incompetent person so long as that sibling is over twenty-one years of age, or to a stepparent or grandparent specified by the unemancipated minor or incompetent person; and that physician shall place in the unemancipated minor's or incompetent person's medical record certification of having received the written declaration of abuse or neglect. The physician shall ensure that the written declaration remains confidential.
A physician relying in good faith upon a written declaration under this section shall not be civilly liable under sections 1 through 10 of this act for failure to provide notification to a parent or guardian.
Receipt of a written declaration under this section does not authorize the physician to perform an abortion. The physician shall not perform an abortion unless authorized to do so under sections 1 through 10 of this act.
NEW SECTION. Sec. 6. Notification is not required under section 4 or 5 of this act if:
(1) The attending physician certifies in the unemancipated minor's or incompetent person's medical record that a medical emergency exists, and there is insufficient time to provide the required notification;
(2) Notification is waived in writing by the person who is, under sections 1 through 10 of this act, entitled to notification; or
(3) Notification is waived under section 8 of this act.
NEW SECTION. Sec. 7. Physicians required to provide notification under sections 1 through 10 of this act shall file with the department of health, on forms prescribed by the department, monthly reports indicating the number of notifications provided to a parent, guardian, brother, sister, stepparent, or grandparent during the preceding month under sections 1 through 10 of this act, and the number of times in which exceptions were made to the notification requirement under sections 1 through 10 of this act, as well as the type of exception. Physicians shall not use names of the unemancipated minors or incompetent persons on the forms. The department shall on an annual basis compile and make available to the public the data required to be reported under this section.
NEW SECTION. Sec. 8. (1) The provisions of this section shall apply to unemancipated minors and incompetent persons whether or not they are residents of this state.
(2) The unemancipated minor or incompetent person may petition a superior court for a waiver of the notification requirement and may participate in proceedings on her own behalf. The petition for waiver of notification shall include a statement that the petitioner is pregnant and is an unemancipated minor or incompetent person. The court reviewing the petition shall appoint a guardian ad litem for her. A guardian ad litem appointed under this section shall act to maintain the confidentiality of the proceedings.
The court shall advise the unemancipated minor or incompetent person that she has a right to court-appointed counsel and shall provide the counsel upon request.
(3) Court proceedings under this section shall be closed and confidential and shall ensure the anonymity of the unemancipated minor or incompetent person. All court documents under this section shall be sealed. The unemancipated minor or incompetent person has the right to file her petition in the court using a pseudonym or using solely her initials. These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. The court shall rule, and issue written findings of fact and conclusions of law, within four court days from the filing of the petition, except that the four-day rule may be extended at the request of the unemancipated minor or incompetent person.
(4) If the court finds, by clear, cogent, and convincing evidence, that the petitioner is sufficiently mature or able to decide whether to have an abortion, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without providing notification to a parent or guardian. If the court does not make the finding specified in this subsection or subsection (5) of this section, it shall dismiss the petition.
(5) If the court finds, by a preponderance of the evidence, that there is a pattern of physical or sexual abuse by a parent or guardian of the petitioner, or that notification to a parent or guardian is not in the best interest of the petitioner, the court shall issue an order authorizing the petitioner to consent to the performance or inducement of an abortion without notification to a parent or guardian. If the court does not make the finding specified in this subsection or subsection (4) of this section, it shall dismiss the petition.
(6) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall maintain a confidential record of evidence and the judge's findings and conclusions.
(7) A procedure for expedited confidential appeal shall be available, as the supreme court provides by rule, to an unemancipated minor or incompetent person whose waiver of notification is denied. An order waiving the notification requirement shall not be subject to appeal.
(8) Filing fees shall not be required of an unemancipated minor or incompetent person who petitions a court for a waiver of parental notification under sections 1 through 10 of this act at either the trial or the appellate level.
NEW SECTION. Sec. 9. The supreme court is respectfully requested to establish rules to ensure that proceedings under sections 1 through 10 of this act are handled in an expeditious and confidential manner and to satisfy requirements of federal courts binding on this jurisdiction.
NEW SECTION. Sec. 10. (1) Any physician who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor or an incompetent person, without providing the required notification shall be guilty of a gross misdemeanor.
(2) Failure to provide the notification required under section 4 or 5 of this act is prima facie evidence of failure to provide notification and of interference with family relations in appropriate civil actions. The prima facie evidence shall not apply to an issue other than failure to provide notification to the parents or guardian and interference with family relations in appropriate civil actions. The civil action may be based on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or other legal standard of care. The law of this state shall not be construed to preclude the award of exemplary damages in an appropriate civil action relevant to violations of sections 1 through 10 of this act. Nothing in sections 1 through 10 of this act shall be construed to limit the common law rights of parents.
(3) A person not authorized to receive notification under sections 1 through 10 of this act who signs a waiver of notification under section 6(2) of this act is guilty of a misdemeanor.
Sec. 11. RCW 9.02.100 and 1992 c 1 s 1 are each amended to read as follows:
The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions.
Accordingly, it is the public policy of the state of Washington that:
(1) Every individual has the fundamental right to choose or refuse birth control;
(2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited by RCW 9.02.100 through 9.02.170 ((and)), 9.02.900 through 9.02.902, and sections 1 through 10 of this act;
(3) Except as specifically permitted by RCW 9.02.100 through 9.02.170 ((and)), 9.02.900 through 9.02.902, and sections 1 through 10 of this act, the state shall not deny or interfere with a woman's fundamental right to choose or refuse to have an abortion; and
(4) The state shall not discriminate against the exercise of ((these)) this right((s)) in the regulation or provision of benefits, facilities, services, or information.
NEW SECTION. Sec. 12. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 14. Sections 1 through 10 of this act are each added to chapter 9.02 RCW.
NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
MOTIONS
On motion of Senator Franklin, the following amendment to the striking amendment by Senators Benton, Long, Hargrove and Swecker was adopted:
On page 2, beginning on line 18 of the amendment, after "(4)" strike all material through "(5)" on line 22
Renumber the remaining subsections consecutively and correct any internal references accordingly.
Senator Patterson moved that the following amendments to the striking amendment by Senators Benton, Long, Hargrove and Swecker be considered simultaneously and be adopted:
On page 3, line 18 of the amendment, after "abortion." insert the following:
"Where there is a reason to believe the male who participated in creating the pregnancy is an unemancipated minor or an incompetent person, no person may perform an abortion until forty-eight hours after actual notification has been obtained from the custodial parent or guardian of the father."
On page 3, beginning on line 36 of the amendment, after "of" strike all material through "act" on line 38 and insert "a parent or guardian of a minor female or male is not required if the minor is emancipated as defined in section 3 of this act"
On page 4, beginning on line 9 of the amendment, after "That the" strike all material through "her" on line 10 and insert "minor female and male will be provided court-appointed counsel at her or his"
On page 4, line 12 of the amendment, after "evidence that" strike "she is" and insert "one or both of the petitioning minors are"
On page 4, line 16 of the amendment, after "interest of the" strike all material through "child" and insert "petitioning minors"
On page 5, line 26 of the amendment, after "her" insert "or his"
On page 5, line 28 of the amendment, after "pregnant" insert ", or is believed to be the male who participated in creating the pregnancy,"
On page 5, line 29 of the amendment, after "her" insert "or him"
On page 5, line 33 of the amendment, after "she" insert "or he"
On page 6, line 2 of the amendment, after "file her" insert "or his"
On page 6, line 2 of the amendment, after "solely her" insert "or his"
On page 6, line 10 of the amendment, after "(4)" insert "(a)"
On page 6, after line 16 of the amendment, insert the following:
"(b) In the case of a petition by an unemancipated or incompetent male, if the court finds by clear, cogent, and convincing evidence, that the petitioner is sufficiently mature or able to deal with the decision by the pregnant unemancipated or incompetent pregnant person to have an abortion, the court shall waive the requirement that a parent or guardian of the male be notified. If the court does not make the finding specified in this subsection (4)(b) or in (a) of this subsection, the petition shall be dismissed."
Senator Betti Sheldon demanded a roll call and the demand was sustained.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Patterson on pages 3, lines 18 and 36; page 4, lines 9, 12, and 16; page 5, lines 26, 28, 29, and 33; and page 6, lines 2, 10 and 16, to the striking amendment by Senators Benton, Long, Hargrove and Swecker to Substitute Senate Bill No. 6290.
ROLL CALL
The Secretary called the roll and the amendments to the striking amendment were adopted by the following vote: Yeas, 27; Nays, 21; Absent, 1; Excused, 0.
Voting yea: Senators Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau, Winsley, Wojahn and Wood - 27. Voting nay: Senators Anderson, Benton, Deccio, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West and Zarelli - 21. Absent: Senator Bauer - 1. The President declared the question before the Senate to be the adoption of the striking amendment by Senators Benton, Long, Hargrove and Swecker, as amended, to Substitute Senate Bill No. 6290.
Senator Thibaudeau asked Senator Benton to yield to a question, but Senator Benton would not yield.
The motion by Senator Benton carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Benton, the following title amendment was adopted:
On page 1, line 2 of the title, after "minors;" strike the remainder of the title and insert "amending RCW 9.02.100; adding new sections to chapter 9.02 RCW; creating a new section; prescribing penalties; and declaring an emergency."
On motion of Senator Benton, the rules were suspended, Engrossed Substitute Senate Bill No. 6290 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6290.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6290 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 27. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Prince, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 21. Absent: Senator Bauer - 1. ENGROSSED SUBSTITUTE SENATE BILL NO. 6290, 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 6:49 p.m., on motion of Senator Johnson, the Senate adjourned until 8:00 a.m., Tuesday, February 17, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate