NOTICE: Formatting and page numbering in this document may be different
from that in the original published version.
FIFTY-FOURTH DAY
------------
MORNING SESSION
------------
Senate Chamber, Olympia, Friday, March 5, 1999
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Brown, Patterson and Sellar. On motion of Senator Franklin, Senators Brown and Patterson were excused. On motion of Senator Deccio, Senator Sellar was excused.
The Sergeant at Arms Color Guard consisting of Pages Leela Yellesetty and Chris Clarey, presented the Colors. Chaplain Connie Walker from the Providence Spiritual Care Network, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
March 2, 1999
SB 5000 Prime Sponsor, Senator Rossi: Authorizing salmon species enrichment license plates. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5000 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5098 Prime Sponsor, Senator Kohl-Welles: Creating the Washington state women's commission. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5098 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Honeyford, Roach, Rossi, West and Zarelli.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5171 Prime Sponsor, Senator Goings: Regulating Washington state patrol employment agreements. Reported by Committee on Transportation
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5171 be substituted therefor, and the second substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5342 Prime Sponsor, Senator Haugen: Modifying the procedure for collecting fees from railroad companies that operate in this state. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Oke, Prentice, Sellar, Shin and Swecker.
MINORITY Recommendation: Do not pass. Signed by Senators Benton, Heavey and T. Sheldon.
Passed to Committee on Rules for second reading.
March 2, 1999
SB 5383 Prime Sponsor, Senator Haugen: Planning for transportation safety and security. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5383 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5465 Prime Sponsor, Senator Costa: Authorizing implementation of a waiver for the department of social and health services to provide family planning services to eligible persons. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5465 as recommended by Committee on Health and Long-Term Care be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5572 Prime Sponsor, Senator Heavey: Clarifying status of HOV lane violations as traffic infractions. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5609 Prime Sponsor, Senator Horn: Making awards for state employees' suggestions. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5609 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Fraser, Honeyford, Kohl-Welles, McDonald, Rasmussen, Roach, B. Sheldon, Snyder, Thibaudeau, West, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 2, 1999
ESB 5675 Prime Sponsor, Senator Thibaudeau: Prioritizing highway noise mitigation. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass as amended. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 2, 1999
SB 5741 Prime Sponsor, Senator Morton: Permitting trucks under 16,001 pounds to bypass scales. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 2, 1999
SB 5770 Prime Sponsor, Senator Gardner: Enhancing coordination of special needs transportation. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5770 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5797 Prime Sponsor, Senator McAuliffe: Improving class size. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5797 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, McDonald, Rasmussen, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Zarelli.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 5825 Prime Sponsor, Senator McAuliffe: Changing student assessments. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5825 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Fairley, Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Honeyford, Roach, Rossi and Zarelli.
Passed to Committee on Rules for second reading.
March 3, 1999
HB 1023 Prime Sponsor, Representative H. Sommers: Sharing extraordinary investment gains in the teachers' retirement system plan 3. Reported by Committee on Ways and Means
MAJORITY recommendation: Do pass as amended. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn.
Passed to Committee on Rules for second reading.
MESSAGES FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENTS
February 9, 1999
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment, subject to your confirmation.
Cecilia Vogt, appointed February 9, 1999, for a term ending December 31, 2004, as a member of Parks and Recreation Commission.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Natural Resources, Parks and Recreation.
February 18, 1999
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following reappointment, subject to your confirmation.
Andrew Palmer, reappointed December 24, 1998, for a term ending December 26, 2002, as a member of the Board of Pilotage Commissioners.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Transportation.
MESSAGE FROM THE HOUSE
March 3, 1999
MR. PRESIDENT:
The House has passed:
ENGROSSED HOUSE BILL NO. 1325,
HOUSE BILL NO. 1421,
ENGROSSED HOUSE BILL NO. 1459, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Co-Chief Clerk
DEAN R. FOSTER, Co-Chief Clerk
INTRODUCTION AND FIRST READING
SB 6079 by Senator Bauer
AN ACT Relating to funding for convention, conference, or special events centers in cities with a population greater than one hundred thousand that are located in counties with a population of less than four hundred thousand; amending RCW 36.38.010; adding a new section to chapter 82.14 RCW; adding a new chapter to Title 35 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Ways and Means.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
EHB 1325 by Representatives Mielke, Fisher, K. Schmidt, Wood, Ericksen, Mitchell and Hankins (by request of Department of Transportation)
Phasing in lightweight tire studs.
Referred to Committee on Transportation.
HB 1421 by Representatives Huff, H. Sommers, Hatfield, Benson and McIntire (by request of State Investment Board)
Authorizing the state investment board to establish additional commingled trust funds.
Referred to Committee on Commerce, Trade, Housing and Financial Institutions.
EHB 1459 by Representatives Poulsen, Crouse, Reardon, Ruderman, Cooper, Wolfe, Kastama, Constantine, Murray, Rockefeller, Dickerson, Lantz, Kenney, McIntire, Lovick, Wood and Edmonds
Allowing reduced rate utility service for low-income citizens.
Referred to Committee on Energy, Technology and Telecommunications.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9027, Thomas W. Malone, as a member Board of Trustees for Seattle, South Seattle, and North Seattle Community Colleges District No. 6, was confirmed.
APPOINTMENT OF THOMAS W. MALONE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Brown, Patterson and Sellar - 3.
SECOND READING
SENATE BILL NO. 5508, by Senators Spanel, Oke, Snyder, Jacobsen, Rossi and Rasmussen
Increasing harvest data accuracy for the recreational crab fishery.
MOTIONS
On motion of Senator Jacobsen, Substitute Senate Bill No. 5508 was substituted for Senate Bill No. 5508 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Spanel, the following amendments by Senators Spanel, Oke and Jacobsen were considered simultaneously and were adopted:On page 1, line 16, after "fishing license," insert "personal use shellfish and seaweed license,"
On page 2, beginning on line 3, strike all material through "expired." on line 6
MOTION
On motion of Senator Jacobsen, the rules were suspended, Engrossed Substitute Senate Bill No. 5508 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 Honeyford, Senator Finkbeiner 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. 5508.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5508 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 46.
Absent: Senator Zarelli - 1.
Excused: Senators Finkbeiner and Sellar - 2.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5508, 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. 5542, by Senators B. Sheldon, Oke and T. Sheldon
Allowing counties to vote on an additional sales and use tax for emergency communication systems.
The bill was read the second time.
MOTION
On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5542 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Heavey was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5542.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5542 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 7; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 38.
Voting nay: Senators Benton, Hochstatter, Johnson, McDonald, Roach, Stevens and Zarelli - 7.
Absent: Senator Hargrove - 1.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SENATE BILL NO. 5542, 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. 5731, by Senator Snyder
Revising provisions regulating municipal officers' interest in contracts.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5731 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. 5731.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5731 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Benton, Hochstatter, Roach and Stevens - 4.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SENATE BILL NO. 5731, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Deccio: “A point of personal privilege, Mr. President. My secretary has just informed me that Senator Finkbeiner's father passed away just a few hours ago.”
PERSONAL PRIVILEGE
Senator McDonald: “Mr. President, I rise to a point of personal privilege. Mr. President and fellow members of the Senate, two weeks ago, I think, there was great joy in the Finkbeiner home, with the addition of a new child. Today, there is great sadness in that same home with the death of his father just recently--not recently--just within the last hour. I guess I would ask Mr. President if we could have a moment of silence for the Finkbeiner family.”
REPLY BY THE PRESIDENT
President Owen: “Thank you, Senator McDonald. Many of the members of the chamber knew Mr. Finkbeiner and I think it would be totally appropriate if the members would please stand for a moment of silence for Mr. Finkbeiner.”
MOMENT OF SILENCE
The members of the Senate stood for a moment of silence in memory of Senator Finkbeiner's father.
SECOND READING
SENATE BILL NO. 5274, by Senators Goings, Horn, Haugen, Costa, Winsley, Heavey, McCaslin, Long and Prentice
Allowing a regional transit authority to establish fines for certain civil infractions.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5274 was substituted for Senate Bill No. 5274 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Goings, the rules were suspended, Substitute Senate Bill No. 5274 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. 5274.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5274 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 6; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley and Wojahn - 40.
Voting nay: Senators Benton, Honeyford, Morton, Rossi, Stevens and Zarelli - 6.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 5274, 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. 5231, by Senators Hale, Winsley and Snyder
Revising the duties of the county treasurer pertaining to management of debt.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5231 was substituted for Senate Bill No. 5231 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5231 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. 5231.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5231 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Absent: Senators Hargrove and Swecker - 2.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 5231, 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. 5147, by Senator Patterson
Prescribing procedures for payment of industrial insurance awards after death.
MOTIONS
On motion of Senator Fairley, Substitute Senate Bill No. 5147 was substituted for Senate Bill No. 5147 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5147 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. 5147.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5147 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SUBSTITUTE SENATE BILL NO. 5147, 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. 5111, by Senators Franklin, Winsley, Thibaudeau, Wojahn, McAuliffe, Fraser, Prentice, Rasmussen, Kline, Brown, Eide, Bauer, Costa, Jacobsen, Spanel, Goings, Loveland, Gardner, Fairley, B. Sheldon and Kohl-Welles
Prohibiting health insurance discrimination on the basis of genetic information.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5111 was substituted for Senate Bill No. 5111 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Franklin, the following amendment was adopted:
On page 7, line 5, after "hereditary disease" insert "derived from genetic information"
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5111 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. 5111.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5111 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5111, 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 McDonald, the following resolution was adopted:
SENATE RESOLUTION 1999-8639
By Senators McDonald, Snyder, Fraser, Rasmussen, Swecker, Eide, Kohl-Welles and McAuliffe
WHEREAS, At the rate of an inch per year over millions of years, the Juan De Fuca plate under the Pacific Ocean crushed its way eastward beneath the North American plate, taking down sedimentary rock that melted, rose and pushed through weak spots in the earth’s crust forming the Cascade Range of volcanoes, including, some one million years ago, the glorious Mountain that the whole of the Puget Sound populace now views daily with awe and inspiration; and
WHEREAS, At 14,411 feet in height, the Mountain, the highest peak in the Cascade Range, blocks the clouds that pour upon it record snowfalls that, in turn, have settled and compressed one beneath the other to form the largest system of glaciers in the continental United States; and
WHEREAS, Below the glacier zone, the Mountain holds over two hundred pristine alpine lakes teeming with trout, and alpine meadows bursting with summer wild flowers; and below the alpine zone stands an old growth forest of evergreens, some trees of which are a thousand years old; and
WHEREAS, For thousands of years local native American Tribes including the Nisqually and Puyallup called the Mountain, “Tacobet” or “Tahoma”, and worshiped the Mountain as the “place where waters begin” and the “mirror to heaven”; and
WHEREAS, In 1792, British explorer, Captain George Vancouver sailed into Puget Sound, saw the Mountain, and named it after his friend, Rear Admiral Peter Rainier; and
WHEREAS, In 1870, Olympia resident General Hazard Stevens, the son of Washington’s first territorial Governor, Isaac Stevens, survived a snow storm by sheltering in an ice cave near the Mountain’s summit, and then became the first person to reach the top of Rainier; and
WHEREAS, The Mountain, once conquered, was vulnerable to plundering also; and a lobbying effort to protect Rainier was conducted by local community members and national conservationists including John Muir, who wrote: “Of all the fire mountains which, like beacons, once blazed along the Pacific Coast, Mount Rainier is the noblest in form;” and
WHEREAS, One hundred years ago this week, President McKinley signed the act making the entire Mountain a national park, and since that time over 90,000,000 people have visited Mount Rainier National Park; and
WHEREAS, For one hundred years, the United States Park Service has protected and preserved Mount Rainier in its natural state - and in so doing protected our regional identity and our natural and cultural heritage;
NOW THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington celebrate the one hundredth anniversary of Mount Rainier National Park, and that the Senate look forward with Washington’s citizens to the activities planned by the Park Service to celebrate “A Century of Resource Stewardship” over the coming year; and
BE IT FURTHER RESOLVED, That the Senate recognize and commend all of the permanent and seasonal National Park Service employees who have dedicated their lives to preserving Mount Rainier for this and future generations.
Senators McDonald, Snyder, Fairley, Wojahn, Roach, Fraser, Kline, Rasmussen, McCaslin, McAuliffe and Swecker spoke to Senate Resolution 1999-8639.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Marie Gillett, Chief of Transportation; John Kramrink, Chief Ranger and Gary Ahlstrand, Chief of Natural and Cultural Resources from the Mount Rainier National Park Service, who were seated in the gallery.
MOTION
On motion of Senator Rasmussen, the following resolution was adopted:
SENATE RESOLUTION 1999-8630
By Senators Rasmussen, Honeyford, Morton, Stevens, Sheahan and Fraser
WHEREAS, Livestock growers in the state of Washington produce and manage approximately 1.3 million head of cattle and calves annually; and
WHEREAS, Approximately 9,000 farmers and ranchers in Washington are employed as beef producers; and
WHEREAS, The value of this agricultural commodity in Washington State totals over $465 million; and
WHEREAS, The farm gate and value added output of the livestock industry in total amounts to over $1.6 billion, clearly establishing it as a significant factor to the health of the Washington State economy; and
WHEREAS, Americans support this industry by eating, pound for pound, more beef than any other meat;
NOW, THEREFORE, BE IT RESOLVED, That the women and men of the cattle industry are hereby recognized by the Washington State Senate as vital contributors to the economic vitality of our state and our communities; and
BE IT FURTHER RESOLVED, That the Washington State Senate formally commend the hard work and industriousness of those men and women who raise cattle and promote a stable economic future in Washington State.
Senators Rasmussen, McCaslin, and Honeyford spoke to Senate Resolution 1999-8630.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced the Mayor of Spokane, John Talcott, who was seated in the gallery. Mayor Talcott is visiting the Capitol and meeting with the Spokane legislators during his stay in Olympia.
MOTION
On motion of Senator West, the following resolution was adopted:
SENATE RESOLUTION 1999-8644
By Senators West, Sheahan, Brown, McCaslin, and B. Sheldon
WHEREAS, Gonzaga University’s Men’s basketball team, the Bulldogs, have won their second consecutive West Coast Conference championship title with a decisive win over Santa Clara ; and
WHEREAS, The Bulldogs Basketball team has achieved their fourth championship title in this decade; and
WHEREAS, The Gonzaga Bulldogs defeated all Washington schools that they played this season, including the Washington State Cougars and the University of Washington Huskies; and
WHEREAS, Second year Head Coach Dan Monson guided the Bulldogs through two record setting seasons and successional conference titles; and
WHEREAS, After winning the 1999 West Coast Conference title, the Bulldogs earned a berth in the NCAA Basketball Tournament; and
WHEREAS, The NCAA Tournament is the intense competition that leads to the final four and eventually the collegiate national championship; and
WHEREAS, A berth in the NCAA Tournament is a high achievement of perseverance and team work; and
WHEREAS, The members of the Bulldogs Basketball team are Eric Chilton, Jeremy Eaton, Quentin Hall, Matt Santangelo, Ryan Floyd, Damany Hendrix, Mike Leasure, Mark Spink, Richie Frahm, Mike Nilson, Axel Calvary, Zach Gourde; and
WHEREAS, Gonzaga’s coaching staff consists of Dan Monson, Mark Few, Bill Grier, Scott Snider, and Trainer Steve DeLong.
WHEREAS, The community of Spokane takes great pride in Gonzaga University and it’s men’s championship basketball team;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and applaud Gonzaga University’s Men’s Basketball team for their achievement of both winning the West Coast Conference Championship title, and receiving a well-earned berth to the highly regarded NCAA Tournament;
BE IT FURTHER RESOLVED, That a copy of this resolution be transmitted by the Secretary of the Senate to the Gonzaga University’s Athletic Department in Spokane Washington; to the Bulldogs Head Coach Dan Monson, and to the President of Gonzaga University.
Senators West, Betti Sheldon, Deccio and Brown spoke to Senate Resolution 1999-8644.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Gonzaga Bulldogs and their mascot, who were seated in the gallery.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the sixth order of business.
SECOND READING
SENATE BILL NO. 5353, by Senators Rasmussen, Morton, Swecker and Gardner
Modifying the powers and duties of the dairy commission.
The bill was read the second time.
MOTION
On motion of Senator Rasmussen, the rules were suspended, Senate Bill No. 5353 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. 5353.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5353 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator McCaslin - 1.
Excused: Senators Finkbeiner, Heavey and Sellar - 3.
SENATE BILL NO. 5353, 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 Deccio, Senator McDonald was excused.
SECOND READING
SENATE BILL NO. 5666, by Senators Rasmussen, Long, Goings, Johnson and Haugen
Simplifying acquisitions procedures for wreckers.
MOTIONS
On motion of Senator Goings, Substitute Senate Bill No. 5666 was substituted for Senate Bill No. 5666 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Rasmussen, the rules were suspended, Substitute Senate Bill No. 5666 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. 5666.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5666 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and McDonald - 3.
SUBSTITUTE SENATE BILL NO. 5666, 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. 5300, by Senators Patterson, Horn, Haugen, Gardner and Honeyford
Amending and adding provisions affecting cities and towns.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5300 was substituted for Senate Bill No. 5300 and the substitute bill was placed on second reading and read the second time.
Senator Gardner moved that the following amendment be adopted:
On page 1, line 16, after "35A.13 RCW" insert ". Such a policy or plan for elected city officials must be adopted at an open meeting, must be included on the council meeting agenda, and must be included as a line item in the city budget"
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Gardner on page 1, line 16, to Substitute Senate Bill No. 5300.
The motion by Senator Gardner carried and the amendment was adopted.
MOTION
Senator Roach moved that the following amendments by Senators Roach and Patterson be considered simultaneously and be adopted:
On page 6, line 20, after "signed by" strike "((qualified" and insert "qualified (("
On page 7, beginning on line 11, after "signed by" strike "((qualified" and insert "qualified (("
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senators Roach and Patterson on page 6, line 20, and page 7, beginning on line 11, to Substitute Senate Bill No. 5300.
The motion by Senator Roach carried and the amendments were adopted.
MOTION
On motion of Senator Patterson, the rules were suspended, Engrossed Substitute Senate Bill No. 5300 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. 5300.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5300 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and McDonald - 3.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5300, 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. 5568, by Senators B. Sheldon, Winsley, Franklin, McAuliffe, Prentice, Snyder and Jacobsen
Establishing a self-employment assistance program.
The bill was read the second time.
MOTIONS
On motion of Senator Betti Sheldon, the following amendments were considered simultaneously and were adopted:
On page 2, after line 18, insert the following:
"NEW SECTION. Sec. 4. In every week that an individual is paid a self-employment assistance allowance, the individual must participate in either entrepreneurial training or business counseling. In any week that an individual fails to participate in either entrepreneurial training or business counseling, the individual shall be disqualified for the week the failure occurs and the individual shall not receive either a self-employment assistance allowance or regular benefits for the week the failure occurs."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 2, beginning on line 26, strike all material through "individual;" on line 28
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 3, at the beginning of line 3, strike "five" and insert "two"
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Senate Bill No. 5568 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. 5568.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5568 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 18; Absent, 1; Excused, 2.
Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 28.
Voting nay: Senators Benton, Deccio, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Oke, Roach, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker and Zarelli - 18.
Absent: Senator Morton - 1.
Excused: Senators Finkbeiner and Heavey - 2.
ENGROSSED SENATE BILL NO. 5568, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the Rhododendron Festival Royalty from Port Townsend, who were seated in the gallery.
SECOND READING
SENATE BILL NO. 5264, by Senators Horn and Hochstatter
Eliminating categories of motorcycle endorsement.
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 5264 was substituted for Senate Bill No. 5264 and the substitute bill was placed on second reading and read the second time.
Senator Sellar moved that the following amendment by Senator Benton be adopted:
Beginning on page 4, line 10, strike all of section 6, and renumber the remaining sections consecutively.
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 4, line 10, to Substitute Senate Bill No. 5264.
The motion by Senator Sellar failed and the amendment by Senator Benton was not adopted
MOTION
.
Senator Hargrove moved that the following amendment by Senators Hargrove and Benton be adopted:
On page 5, after line 20, insert the following:
"Sec. 7. RCW 46.37.530 and 1997 c 328 s 4 are each amended to read as follows:
(1) It is unlawful:
(a) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor-driven cycle: PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;
(c) For any person under the age of twenty-one years to operate or ride upon a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a protective helmet of a type conforming to rules adopted by the state patrol except when the vehicle is an antique motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;
(d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol.
(2) The state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the Administrative Procedure Act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets.
Sec. 8. RCW 46.37.535 and 1990 c 270 s 8 are each amended to read as follows:
It is unlawful for any person to rent out motorcycles, motor-driven cycles, or mopeds unless the person also has on hand for rent helmets of a type conforming to rules adopted by the state patrol.
It shall be unlawful for any person under the age of twenty-one years to rent a motorcycle, motor-driven cycle, or moped unless the person has in his or her possession a helmet of a type approved by the state patrol, regardless of from whom the helmet is obtained."
Renumber the next section consecutively and correct any internal references accordingly.
POINT OF ORDER
Senator Haugen: “Mr. President, I rise to a point of order. I submit that the amendment proposed by Senators Hargrove and Benton changes the scope and object of Substitute Senate Bill No. 5264 and therefore violates Senate Rule 66. Substitute Senate Bill No. 5264 addresses changes in motorcycle license and learner permits, as well as a requirement for liability insurance.
“The amendment restricts current law requiring the use of helmets by anyone riding a motorcycle to people under the age of twenty-one. I believe the amendment addressing the use of certain equipment while riding a motorcycle is outside the scope and object of the bill that addresses administrative requirements for licensing and liability insurance.”
Debate ensued
MOTION
On motion of Senator Betti Sheldon, and there being no objection, further consideration of Substitute Senate Bill No. 5264 was deferred.
MOTION
On motion of Senator Deccio, Senator Morton was excused.
SECOND READING
SENATE BILL NO. 5381, by Senators T. Sheldon, Benton, Haugen, Horn, Costa and Winsley (by request of Department of Transportation)
Adding information to motorist information signs.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the rules were suspended, Senate Bill No. 5381 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. 5381.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5381 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and Morton - 3.
SENATE BILL NO. 5381, 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.
PARLIAMENTARY INQUIRY
Senator West: “Mr. President, a point of parliamentary inquiry. Reed's Rules, which governs the Senate when we have no rules that speak specifically to a point. Reed's Rule 212 talks about object of debate and duties of members under debate and decorum. On the second paragraph of that rule, 212, it says, 'members shall never address any one but the presiding officer. He (and we would have to infer today to also she) he/she must not allude to any member by name, but by some descriptive expression, like the gentleman (and in today's world the gentle woman) who last addressed the assembly, the gentleman/woman from Virginia, the noble and learned lord, the gallant gentleman/gentle woman, the member from Portsmouth.' Of course, this is all parliamentary.
“The point being, Mr. President, that in today's debate many members have referred to other members by name. I know that somewhat over the years we have become a little lax in this. Reed's goes on to point out that the purpose for not referring to a member by debate or by name is to prevent an outbreak of violence on the floor. I think that as the session goes on and as times get tense, we ought to pay more attention to that, because it does cause us to stop and think and reflect before we lash out at another member. So, I bring that to the President's attention and enforce that as we go along.”
REPLY BY THE PRESIDENT
President Owen: “Senator West, absent to a Senate Rule to the contrary, your point is well taken. However, there has been some flexibility given to the President to allow some discretion in that area over the time, as long as it has not been abused, Senator West.”
Further debate ensued.
RULING BY THE PRESIDENT
President Owen: “For the information of the members, I think that most members know that the President is somewhat of a stickler to decorum and to the rules. He does try to provide some discretion on occasion, as is in the case of the point that Senator West has made. But, if a member brings up the rule, the President will enforce the rule as requested, because it is the rule. So, if you choose to have that changed, it will have to be done through another rule being drafted and passed by the Senate. Thank you.”
MOTION
On motion of Senator Honeyford, Senator Deccio was excused.
SECOND READING
SENATE BILL NO. 5516, by Senators Thibaudeau, Deccio, Eide, Goings, Winsley, McAuliffe, Kohl-Welles and Oke
Creating the tobacco prevention and control program.
MOTIONS
On motion of Senator Thibaudeau, Substitute Senate Bill No. 5516 was substituted for Senate Bill No. 5516 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Thibaudeau, the following amendments by Senators Thibaudeau and Deccio were considered simultaneously and adopted:
On page 2, line 13, after "address" strike "behavioral"
Beginning on page 2, after line 32, strike all material through "minors." on page 3, line 2
MOTION
On motion of Senator Thibaudeau, the rules were suspended, Engrossed Substitute Senate Bill No. 5516 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. 5516.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5516 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Bauer, Benton, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Excused: Senators Deccio, Finkbeiner, Heavey and Morton - 4.
ENGROSSED SUBSTITUTE SENATE BILL NO. 5516, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced former Senator and former Congressman Mike Kreidler, who was in the Senate Chamber.
SECOND READING
SENATE BILL NO. 5219, by Senators Swecker, Zarelli, T. Sheldon and Snyder
Allowing port district annexations.
MOTIONS
On motion of Senator Patterson, Substitute Senate Bill No. 5219 was substituted for Senate Bill No. 5219 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Patterson, the rules were suspended, Substitute Senate Bill No. 5219 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF ORDER
Senator Tim Sheldon: “A point of order, Mr. President. Would you direct Senator Patterson to address her remarks to the bill?”
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. 5219.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5219 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 44.
Voting nay: Senators Brown and Patterson - 2.
Excused: Senators Finkbeiner, Heavey and Morton - 3.
SUBSTITUTE SENATE BILL NO. 5219, 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. 5124, by Senators Prentice and Winsley
Prescribing disclosures required for prize promotions.
The bill was read the second time.
MOTION
On motion of Senator Prentice, the rules were suspended, Senate Bill No. 5124 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. 5124.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5124 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.
Excused: Senators Finkbeiner, Heavey and Morton - 3.
SENATE BILL NO. 5124, 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. 5020, by Senators Snyder and Winsley
Allowing dealers of recreational licenses to collect a fee of at least two dollars for each license sold.
The bill was read the second time.
MOTION
On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5020 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
Senator Roach moved that the rules be suspended and Senate Bill No. 5020 be returned to second reading.
Debate ensued.
MOTION
On motion of Senator Snyder, further consideration of Senate Bill No. 5020 was deferred.
SECOND READING
SENATE BILL NO. 5432, by Senators Fraser, Winsley, Fairley, Hale, Long, Heavey, Franklin, Rasmussen, Prentice, Costa, Jacobsen, Bauer and Kohl-Welles
Authorizing charitable deductions from retirement allowances.
The bill was read the second time.
MOTION
On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5432 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. 5432.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5432 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 45.
Absent: Senator McDonald - 1.
Excused: Senators Finkbeiner, Heavey and Morton - 3.
SENATE BILL NO. 5432, 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 Senate resumed consideration of Substitute Senate Bill No. 5264, deferred on second reading earlier today.
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Haugen to the scope and object of the amendment by Senators Hargrove and Benton on page 5, line 20, to Substitute Senate Bill No. 5264, the President finds that Substitute Senate Bill No. 5264 is a measure which makes changes to motorcycle operating laws including (1) requiring liability insurance coverage; (2) permitting the holders of motorcycle operating licenses to operate any size motorcycle; and (3) providing a tax exemption for motorcycles loaned to persons contracting with the Department of Licensing to provide motorcycle training. All of these changes are administrative in nature. None of these changes relates to equipment required for the safe operation of motorcycles.
“The amendment would permit motorcycle operators over the age of twenty-one to ride without helmets.
“The President, therefore, finds that the proposed amendment does change the scope and object of the bill and the point of order is well taken.”
The amendment by Senators Hargrove and Benton on page 5, after line 20, to Substitute Senate Bill No. 5264 was ruled out of order.
MOTION
On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5264 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. 5264.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5264 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 4; Absent, 0; Excused, 3.
Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Oke, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.
Voting nay: Senators Benton, Hochstatter, Roach and Stevens - 4.
Excused: Senators Finkbeiner, Heavey and Morton - 3.
SUBSTITUTE SENATE BILL NO. 5264, 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 Betti Sheldon, the Senate returned to the first order of business.
REPORTS OF STANDING COMMITTEES
March 3, 1999
SB 5099 Prime Sponsor, Senator Haugen: Enhancing responsibility and training of commercial vehicle enforcement officers. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5099 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5102 Prime Sponsor, Senator Haugen: Increasing the level of training for fire fighters. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5102 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Fairley, Fraser, Honeyford, Kline, Long, McDonald, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, West, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5284 Prime Sponsor, Senator Gardner: Making housekeeping changes to multimodal transportation programs. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5298 Prime Sponsor, Senator McAuliffe: Changing local assistance funds provisions. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5298 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Fairley, Fraser, Honeyford, Kline, Long, McDonald, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, West, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5341 Prime Sponsor, Senator Haugen: Removing the exemptions for certain vehicles from the provisions of chapter 81.80 RCW. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5594 Prime Sponsor, Senator Rasmussen: Enhancing economic vitality. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5594 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5595 Prime Sponsor, Senator Jacobsen: Establishing the salmon recovery funding board. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Bill No. 5595 be substituted therefor, and the second substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Fraser, Kline, Kohl-Welles, Rasmussen, B. Sheldon, Snyder, Spanel, Thibaudeau, Winsley and Wojahn.
MINORITY Recommendation: Do not pass substitute. Signed by Senator Honeyford.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5837 Prime Sponsor, Senator Bauer: Allowing the chief administrative officer of a public utility district, port district, or county to join the retirement system. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley, Wojahn and Zarelli.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 5961 Prime Sponsor, Senator Haugen: Allowing a vehicle in an accident to be moved to safety. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 5961 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Johnson, Oke, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 6009 Prime Sponsor, Senator Oke: Authorizing nonphoto identification cards for disabled parking. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 6009 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Costa, Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 6012 Prime Sponsor, Senator Long: Declaring monthly unit valuations for certain portfolios and funds managed by the state investment board. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 6012 be substituted therefor, and the substitute bill do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley, Wojahn and Zarelli.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 6021 Prime Sponsor, Senator Prentice: Providing a sales and use tax exemption for regional transportation authorities. Reported by Committee on Transportation
MAJORITY Recommendation: That the bill be referred to Committee on Ways and Means without recommendation. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Eide, Finkbeiner, Horn, Jacobsen, Johnson, Morton, Oke, Prentice, Patterson, Sellar, T. Sheldon, Shin and Swecker.
Referred to Committee on Ways and Means..
March 4, 1999
SB 6030 Prime Sponsor, Senator Snyder: Expanding the designation of the Lewis and Clark Highway. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 3, 1999
SB 6031 Prime Sponsor, Senator Haugen: Facilitating regional transportation corridors. Reported by Committee on Transportation
MAJORITY Recommendation: That Substitute Senate Bill No. 6031 be substituted therefor, and the substitute bill do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
March 4, 1999
SB 6037 Prime Sponsor, Senator Shin: Rescinding a retirement allowance agreement. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Honeyford, Kline, Kohl-Welles, Long, McDonald, Rasmussen, Roach, Rossi, B. Sheldon, Snyder, Spanel, West, Winsley, Wojahn and Zarelli.
Passed to Committee on Rules for second reading.
March 3, 1999
SJR 8205 Prime Sponsor, Senator Hargrove: Requiring initiative signatures from all congressional districts. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Second Substitute Senate Joint Resolution No. 8205 be substituted therefor, and the second substitute resolution do pass. Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Honeyford, Long, McDonald, Rasmussen, Snyder, West, Winsley and Zarelli.
MINORITY Recommendation: Do not pass substitute. Signed by Senators Fairley, Fraser, Kline, Kohl-Welles, Thibaudeau and Wojahn.
Passed to Committee on Rules for second reading.
March 3, 1999
SHB 1294 Prime Sponsor, House Committee on Transportation : Technically editing chapter 46.20 RCW. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.
Passed to Committee on Rules for second reading.
MOTION
At 12:07 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 9:00 a.m., Monday, March 8, 1999.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate