NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTY-EIGHTH DAY

------------

MORNING SESSION

------------

Senate Chamber, Olympia, Tuesday, March 9, 1999

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 Brown, Finkbeiner, Heavey, Long, Patterson, Prentice and Sellar. On motion of Senator Franklin, Senators Heavey and Prentice were excused. On motion of Senator Honeyford, Senators Finkbeiner and Long were excused.

The Sergeant at Arms Color Guard consisting of Pages Jenn Benton and Kristi Owens, presented the Colors. Reverend Anna Grace, pastor of the Unity Church of Olympia, 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.

MESSAGES FROM THE HOUSE

March 5, 1999

MR. PRESIDENT:

The House has passed:

SUBSTITUTE HOUSE BILL NO. 1163,

HOUSE BILL NO. 1199,

HOUSE BILL NO. 1200,

HOUSE BILL NO. 1306,

HOUSE BILL NO. 1310,

HOUSE BILL NO. 1346,

HOUSE BILL NO. 1370,

SUBSTITUTE HOUSE BILL NO. 1371,

HOUSE BILL NO. 1425,

HOUSE BILL NO. 1524,

SUBSTITUTE HOUSE BILL NO. 1529,

SUBSTITUTE HOUSE BILL NO. 1560,

ENGROSSED HOUSE BILL NO. 1577,

HOUSE BILL NO. 1585,

HOUSE BILL NO. 1642,

SUBSTITUTE HOUSE BILL NO. 1671,

HOUSE BILL NO. 1810,

HOUSE BILL NO. 1866,

SUBSTITUTE HOUSE BILL NO. 2111,

HOUSE JOINT MEMORIAL NO. 4012, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

March 8, 1999

MR. PRESIDENT:

The House has passed:

HOUSE BILL NO. 1331,

HOUSE BILL NO. 1383,

HOUSE BILL NO. 1388,

SUBSTITUTE HOUSE BILL NO. 1392,

HOUSE BILL NO. 1394,

HOUSE BILL NO. 1420,

HOUSE BILL NO. 1422,

HOUSE BILL NO. 1463,

HOUSE BILL NO. 1491,

SUBSTITUTE HOUSE BILL NO. 1535,

HOUSE BILL NO. 1539,

HOUSE BILL NO. 1544,

HOUSE BILL NO. 1550,

SUBSTITUTE HOUSE BILL NO. 1558,

HOUSE BILL NO. 1561,

SUBSTITUTE HOUSE BILL NO. 1650,

HOUSE BILL NO. 1819,

HOUSE JOINT MEMORIAL NO. 4004, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Co-Chief Clerk

DEAN R. FOSTER, Co-Chief Clerk

INTRODUCTION AND FIRST READING

SB 6084 by Senators Snyder and Rasmussen

AN ACT Relating to natural disaster relief; adding a new section to chapter 48.14 RCW; adding a new chapter to Title 43 RCW; and declaring an emergency.Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1163 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Cooper, Schoesler, Linville, G. Chandler, Keiser, Rockefeller and Conway) (by request of Department of Health)

Providing for the safe decontamination or destruction of residential property used for illegal drug manufacturing or storage.

Referred to Committee on Environmental Quality and Water Resources.

HB 1199 by Representatives Lantz, Constantine, Sheahan and Carrell

Defining the jurisdiction of civil antiharassment actions.

Referred to Committee on Judiciary.

HB 1200 by Representatives Lantz, McDonald, Kastama, Schindler, Constantine, Sheahan and Carrell

Clarifying the jurisdiction over drunk drivers.

Referred to Committee on Judiciary.

HB 1306 by Representatives Huff, H. Sommers and Benson

Implementing 1998 legislation dealing with drunk driving.

Referred to Committee on Ways and Means.

HB 1310 by Representatives Scott, Mulliken, Morris, Schoesler, Ericksen and Linville

Changing the authority of public utility districts.

Referred to Committee on State and Local Government.

HB 1331 by Representatives Buck, Sump, Regala, Anderson, Lantz, Doumit, G. Chandler, Pennington, Hatfield, Rockefeller, D. Sommers, Koster, Benson, Wolfe and Mulliken (by request of Parks and Recreation Commission)

Using volunteers at the state parks and recreation commission.

Referred to Committee on Natural Resources, Parks and Recreation.

HB 1346 by Representatives O'Brien, Koster, Cody, DeBolt, Constantine, Kessler, D. Schmidt, Edwards and Radcliff

Providing an alternative method for dissolving a cultural arts, stadium or convention district.

Referred to Committee on State and Local Government.

HB 1370 by Representatives G. Chandler, Linville, Clements, Grant and B. Chandler

Extending the period of time to expend funds from the fruit and vegetable district fund.

Referred to Committee on Agriculture and Rural Economic Development.

SHB 1371 by House Committee on Health Care (originally sponsored by Representatives Ruderman, Alexander and O'Brien) (by request of Department of Health)

Modifying provisions that concern the control and prevention of tuberculosis.

Referred to Committee on Health and Long-Term Care.

HB 1383 by Representatives Constantine, Delvin, Lambert, Esser, Linville, Pennington, O'Brien and Ogden

Authorizing local government purchase of liability insurance for law enforcement personnel.

Referred to Committee on State and Local Government.

HB 1388 by Representatives Keiser, Ballasiotes, Schual-Berke, Mitchell, Hurst, O'Brien, Lovick and Delvin

Clarifying the state's jurisdiction over crimes committed in the airspace over the state.

Referred to Committee on Judiciary.

SHB 1392 by House Committee on Judiciary (originally sponsored by Representatives Hurst, Constantine, Sheahan and McDonald)

Revising provisions relating to vacation of records of conviction.

Referred to Committee on Judiciary.

HB 1394 by Representatives Hurst, Constantine, Lambert, Sheahan, McDonald, Lovick, H. Sommers, Dickerson, Kenney and Esser

Making the defense of duress unavailable for the crime of homicide by abuse.

Referred to Committee on Judiciary.

HB 1420 by Representatives H. Sommers, Huff, Benson, Hatfield, McIntire and Wolfe (by request of State Investment Board)

Providing a procedure for the state investment board to check the criminal history of prospective appointees and employees.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 1422 by Representatives H. Sommers, Huff, Benson, Hatfield and McIntire (by request of State Investment Board)

Authorizing the state investment board to directly order actions relating to securities.

Referred to Committee on Commerce, Trade, Housing and Financial Institutions.

HB 1425 by Representatives Linville, Mulliken, Ericksen and Scott

Addressing municipal water or sewer utilities.

Referred to Committee on State and Local Government.

HB 1463 by Representatives Mitchell, Fisher, K. Schmidt, Ogden, Mielke, Haigh and Schual-Berke

Adjusting deadlines for reports to the secretary of transportation.

Referred to Committee on Transportation.

HB 1491 by Representatives Hatfield and Doumit

Regulating the use of dredge spoils in Cowlitz County.

Referred to Committee on Natural Resources, Parks and Recreation.

HB 1524 by Representatives Doumit, Pennington, Conway, Clements, Alexander, Cooper, Hatfield, Mielke, Carlson, Poulsen, Mulliken, Scott and Rockefeller

Expanding the workers' compensation obligation of out-of-state employers.

Referred to Committee on Labor and Workforce Development.

SHB 1529 by House Committee on Education (originally sponsored by Representatives Talcott, Quall and Bush)

Clarifying school district employees' personal holidays.

Referred to Committee on Education.

SHB 1535 by House Committee on Health Care (originally sponsored by Representatives Parlette, Cody, Schual-Berke, Romero, Ruderman, Esser, Hatfield, Boldt, Campbell, Pflug and Alexander)

Reimbursing podiatric physicians and surgeons.

Referred to Committee on Health and Long-Term Care.

HB 1539 by Representative Parlette

Clarifying medicare supplement policies.

Referred to Committee on Health and Long-Term Care.

HB 1544 by Representatives O'Brien, Ballasiotes, Kastama, Cairnes and Keiser (by request of Sentencing Guidelines Commission)

Making corrections to sentencing laws.

Referred to Committee on Judiciary.

HB 1550 by Representatives G. Chandler, Fisher, K. Schmidt and Hankins

Extending Milwaukee Road corridor franchise negotiations.

Referred to Committee on Transportation.

SHB 1558 by House Committee on Transportation (originally sponsored by Representatives Mitchell, Hatfield, McDonald, Poulsen, Bush, Constantine and Radcliff) (by request of Washington State Patrol)

Tightening requirements for release of impounded vehicles.

Referred to Committee on Transportation.

SHB 1560 by House Committee on State Government (originally sponsored by Representatives McMorris, Scott, Ballasiotes, Mitchell, Romero, Dickerson, McDonald, Poulsen, Bush, Constantine, Fortunato and Murray) (by request of Forensic Investigation Council)

Enabling the bureau of forensic laboratory services.

Referred to Committee on State and Local Government.

HB 1561 by Representatives Schoesler, Grant, McMorris, Mastin, G. Chandler, Lisk, Parlette, Mulliken, Delvin and Cox

Allowing solid rubber tires on farm machinery.

Referred to Committee on Transportation.

EHB 1577 by Representatives Bush, Sheahan, Constantine, Barlean, Quall, Talcott, Cairnes, Keiser, McIntire, Santos, Sullivan, Hatfield, DeBolt, Benson, Dunshee, Boldt, Haigh, Mielke, Veloria, Conway and Kenney

Changing when a court may seal juvenile records.

Referred to Committee on Human Services and Corrections.

HB 1585 by Representatives Hankins, Grant, Dunshee, Mastin, Delvin and O'Brien

Using federal funds to reduce the outstanding debt of school districts within counties.

Referred to Committee on State and Local Government.

HB 1642 by Representatives Grant and Mastin

Changing surface water permit and rights provisions.

Referred to Committee on Environmental Quality and Water Resources.

SHB 1650 by House Committee on Education (originally sponsored by Representatives Cody, Talcott, Ruderman, Wood, Quall, Boldt, Stensen, Rockefeller, Parlette, O'Brien, Kenney and Keiser)

Expanding the health professionals who may request administration of oral medication at school.

Referred to Committee on Health and Long-Term Care.

SHB 1671 by House Committee on Judiciary (originally sponsored by Representatives Constantine, Radcliff, Kessler, Mastin, Sullivan, Grant, G. Chandler, Reardon, Lisk, Esser, Alexander, McMorris and Mitchell)

Eliminating a maximum amount threshold for pleadings in actions arising from public works contracts.

Referred to Committee on Judiciary.

HB 1810 by Representatives Boldt and Tokuda (by request of Department of Social and Health Services)

Amending the child abuse protection and treatment act.

Referred to Committee on Human Services and Corrections.

HB 1819 by Representatives Anderson, Barlean, Thomas and O'Brien

Changing provisions for school district name changes.

Referred to Committee on Education.

HB 1866 by Representatives McMorris, Tokuda, Boldt, Sump, D. Sommers and Campbell

Changing shelter care provisions to favor placing a child with a relative.

Referred to Committee on Human Services and Corrections.

SHB 2111 by House Committee on Appropriations (originally sponsored by Representatives Alexander, Benson, Wolfe, Constantine, Hatfield, Grant and H. Sommers) (by request of Attorney General Gregoire and Department of General Administration)

Eliminating the tort claims revolving fund.

Referred to Committee on Ways and Means.

HJM 4004 by Representatives Dickerson, Cody, Skinner, O'Brien, Veloria, Kessler, McIntire, Wood, Lovick, Romero, Conway, Ruderman, Hurst and Kenney

Urging support of prostate cancer research.

Referred to Committee on Health and Long-Term Care.

HJM 4012 by Representatives Regala, Eickmeyer, Buck, Clements, Anderson, Veloria and Conway

Requesting Congress to pass legislation to restore and revitalize federal funding for the land and water conservation fund.

Referred to Committee on Environmental Quality and Water Resources.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Franklin, Gubernatorial Appointment No. 9011, Stanley L. K. Flemming, as a member of the Board of Trustees for The Evergreen State College, was confirmed.

APPOINTMENT OF STANLEY L. K. FLEMMING

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4. Voting yea: Senators Bauer, Benton, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Rasmussen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 42.

Absent: Senators Brown, Patterson and Sellar - 3.

Excused: Senators Finkbeiner, Heavey, Long and Prentice - 4.

MOTION

At 8:42 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 9:32 a.m. by President Owen.

SECOND READING

SENATE BILL NO. 5734, by Senators Bauer, Deccio, Franklin, Rasmussen, B. Sheldon, McAuliffe, Spanel, Rossi, Brown, Snyder, Fairley, Wojahn, Heavey, Thibaudeau, Shin, T. Sheldon, Eide, Goings, Loveland, Jacobsen, Prentice, Haugen, Fraser, Gardner, Kline and Kohl-Welles

Recognizing the sixteenth day of April as Mother Joseph day.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5734 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. 5734.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5734 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 49.

SENATE BILL NO. 5734, 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 Sister Karin Dufault, head of the Providence Health Systems, who was seated on the rostrum, as well as Sister Jacqueline Fernandez and Sister Rita Bergonini, members of the Sisters of Providence, who were seated in the gallery. With permission of the Senate, business was suspended to permit Sister Karin to address the Senate.

APPOINTMENT OF SPECIAL COMMITTEE

The President appointed Senators Bauer and Deccio as a special committee to escort Sister Karin from the Senate Chamber.

MOTION

On motion of Senator Rasmussen, the following resolution was adopted:

SENATE RESOLUTION 1999-8638

By Senators Rasmussen, Spanel, Honeyford, Fraser and B. Sheldon

WHEREAS, The 4-H Youth Development Program has helped young people in Washington develop useful “life skills” since it was established in 1914; and

WHEREAS, The program centers on teaching young people to become productive members of society by fostering self-esteem, and communication and decision-making skills; and

WHEREAS, 80,000 young people throughout Washington participated in 4-H Youth Development Programs in 1998; and

WHEREAS, These programs help participants learn about a wide variety of subjects including science, family living and applied arts; and

WHEREAS, In addition to working with traditional community clubs, the programs reach youth through urban groups, special interest groups, nutrition programs, school enrichment, camping, and interagency learning experiences; and

WHEREAS, the 4-H Youth Development Program promotes volunteer service by enlisting more than 9,000 volunteers statewide, who donate an average two hundred hours of their time during the year; and

WHEREAS, In 1998, the program achieved its goal of reaching a more diverse audience as twenty percent of participants came from ethnic minority groups; and

WHEREAS, More than three hundred 4-H members from around the state are currently visiting the State Capitol as part of a statewide education program titled “4-H Know Your Government”;

NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate recognize the 4-H Youth Development Project for its many contributions to the youth of Washington and the betterment of our communities; and

BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Carol Beckman, the State Program Coordinator for the 4-H Youth Development Program.

Senators Rasmussen, Betti Sheldon, Sellar, Deccio, Kohl-Welles, Franklin, Hochstatter, Spanel, Brown and Morton spoke to Senate Resolution 1999-8638.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced 4-H members, who were seated in the gallery. The group was visiting the capitol as part of the statewide education program, '4-H Know Your Government Program.'

MOTION

On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.

SECOND READING

SENATE BILL NO. 5499, by Senators Wojahn, Deccio, Franklin, Winsley, Costa, McAuliffe, Kline and Rasmussen

Making modifications to the home health, hospice, and home care agency licensure law.

The bill was read the second time.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5499 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. 5499.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5499 and the bill passed by the following vote Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5499, 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. 5454, by Senators Horn, Haugen, Goings and Benton

Adjusting deadlines for reports to the secretary of transportation.

The bill was read the second time.

MOTION

On motion of Senator Goings, the rules were suspended, Senate Bill No. 5454 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. 5454.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5454 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5454, 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. 5385, by Senators Shin, Prentice, Winsley, Jacobsen, Patterson, T. Sheldon, Benton, Finkbeiner, Snyder, Rasmussen, Goings, Haugen, Hargrove, Gardner, Heavey, Deccio and McAuliffe

Providing an alternative method for dissolution of cultural arts, stadium and convention districts.

The bill was read the second time.

MOTION

On motion of Senator Patterson, the rules were suspended, Senate Bill No. 5385 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. 5385.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5385 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5385, 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. 5170, by Senators Haugen, McAuliffe, T. Sheldon, Deccio and Rasmussen

Changing provisions for school district name changes.

The bill was read the second time.

MOTION

On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5170 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. 5170.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5170 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5170, 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. 5530, by Senators Loveland and Winsley (by request of Department of Revenue)

Correcting errors related to property tax levies.

The bill was read the second time.

MOTION

On motion of Senator Loveland, the rules were suspended, Senate Bill No. 5530 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. 5530.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5530 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5530, 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. 5626, by Senators Franklin, McAuliffe, Fairley, Kohl-Welles, Patterson, Costa, McCaslin, Kline, Wojahn and Rasmussen

Changing disbursement of medicaid incentive payments to school districts.

MOTIONS

On motion of Senator McAuliffe, Substitute Senate Bill No. 5626 was substituted for Senate Bill No. 5626 and the substitute bill was placed on second reading and read the second time.

On motion of Senator McAuliffe, the rules were suspended, Substitute Senate Bill No. 5626 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. 5626.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5626 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 47.

Voting nay: Senator Zarelli - 1.

Absent: Senator Shin - 1.

SUBSTITUTE SENATE BILL NO. 5626, 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. 5048, by Senators Long and Hargrove

Making technical corrections to chapters 10.77 and 71.05 RCW.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5048 was substituted for Senate Bill No. 5048 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Costa, the rules were suspended, Substitute Senate Bill No. 5048 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. 5048.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5048 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5048, 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. 5607, by Senators Thibaudeau, Wojahn, Fraser, Franklin, Sellar, Prentice, Deccio, Winsley, Rasmussen, Kohl-Welles and Costa

Permitting retired and disabled employees to obtain health insurance.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5607 was substituted for Senate Bill No. 5607 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Thibaudeau, the rules were suspended, Substitute Senate Bill No. 5607 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. 5607.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5607 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5607, 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. 5706, by Senators Bauer, Haugen, Sellar, Benton, Shin, Eide, Prentice, Oke, Rasmussen, Jacobsen and Winsley

Decriminalizing license fraud and establishing a license fraud task force in the Washington state patrol.

MOTIONS

On motion of Senator Haugen, Substitute Senate Bill No. 5706 was substituted for Senate Bill No. 5706 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 5706 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. 5706.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5706 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senators Franklin and Roach - 2.

SUBSTITUTE SENATE BILL NO. 5706, 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. 5437, by Senators Thibaudeau, Deccio, Franklin, Heavey, Prentice, Sellar, Shin, Bauer, Kline, Winsley, Patterson and B. Sheldon

Reimbursing podiatric physicians and surgeons.

The bill was read the second time.

MOTIONS

On motion of Senator Thibaudeau, the following Committee on Health and Long-Term Care amendment was adopted:

On page 1, line 7, after "organization" strike all material through "physicians" on line 8 and insert "contracts with a group medical practice which only treats that organization's patients"

On motion of Senator Thibaudeau, the rules were suspended, Engrossed Senate Bill No. 5437 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 Senate Bill No. 5437.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5437 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Brown, 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, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Bauer - 1.

ENGROSSED SENATE BILL NO. 5437, 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. 5253, by Senators Benton, Prentice, Winsley, Shin, Deccio, Heavey, Rasmussen, West, T. Sheldon, Hale, Gardner, Rossi and Oke (by request of Department of Licensing)

Preventing a registered sex offender from holding a real estate license.

The bill was read the second time.

MOTION

On motion of Senator Benton, the rules were suspended, Senate Bill No. 5253 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. 5253.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5253 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5253, 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. 5386, by Senators Shin, Prentice, T. Sheldon, Jacobsen, Patterson, Benton, Finkbeiner, Spanel, Rasmussen, Goings, Haugen, Snyder, Hargrove, Gardner, Heavey, Winsley, Franklin, Bauer and McAuliffe

Creating a state plan for economic development.

MOTIONS

On motion of Senator Shin, Substitute Senate Bill No. 5386 was substituted for Senate Bill No. 5386 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Shin, the rules were suspended, Substitute Senate Bill No. 5386 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. 5386.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5386 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5386, 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 Honeyford, Senator Rossi was excused.

SECOND READING

SENATE BILL NO. 5160, by Senators Oke and Winsley

Authorizing donations of surplus computer equipment to food banks.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5160 was substituted for Senate Bill No. 5160 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. 5160 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. 5160.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5160 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Prentice, Rasmussen, Roach, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Rossi - 1.

SUBSTITUTE SENATE BILL NO. 5160, 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. 5672, by Senators Kline, Costa, Prentice, Fraser, Fairley, Shin, Kohl-Welles, Haugen, Hargrove and McAuliffe

Retaliating against a whistleblower.

MOTIONS

On motion of Senator Patterson, Substitute Senate Bill No. 5672 was substituted for Senate Bill No. 5672 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. 5672 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. 5672.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5672 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5672, 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. 5433, by Senators Fraser and Rasmussen

Requiring comprehensive solid waste management plans to consider handling, transport, and disposal of biomedical waste.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5433 was substituted for Senate Bill No. 5433 and the substitute bill was placed on second reading and read the second time.

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

On page 2, line 15, after "program" strike "shall" and insert "may"

On page 2, line 16, after "solid waste" insert "if, in consultation with the local health jurisdiction, segregation is determined to be necessary and appropriate"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 2, lines 15 and 16, to Substitute Senate Bill No. 5433.

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

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5433 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. 5433.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5433 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

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, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Brown - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5433, 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. 5986, by Senators Goings, Benton, Bauer, Costa and Rasmussen

Paying duty connected death or disability benefits.

The bill was read the second time.

MOTION

On motion of Senator Bauer, the rules were suspended, Senate Bill No. 5986 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. 5986.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5986 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5986, 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 Franklin, Senator Loveland was excused.

SECOND READING

SENATE BILL NO. 5198, by Senators Johnson and Kline

Comporting with Internal Revenue Code language.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5198 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. 5198.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5198 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Loveland - 1.

SENATE BILL NO. 5198, 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. 5434, by Senators Loveland, Fraser, West, Oke and Rasmussen

Extending the time for designating an eligible area for international services tax credits.

The bill was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5434 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. 5434.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5434 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SENATE BILL NO. 5434, 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 Honeyford, Senator Roach was excused.

SECOND READING

SENATE BILL NO. 5197, by Senators Johnson and Kline

Making technical corrections to the disclaimer statute.

MOTIONS

On motion of Senator Johnson, Substitute Senate Bill No. 5197 was substituted for Senate Bill No. 5197 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Johnson, the rules were suspended, Substitute Senate Bill No. 5197 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. 5197.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5197 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Prentice, Rasmussen, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Swecker - 1.

Excused: Senator Roach - 1.

SUBSTITUTE SENATE BILL NO. 5197, 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. 5512, by Senators Costa, Winsley, Kline, Patterson, Gardner, Prentice, Long, Goings, Snyder, Fraser, Brown, Kohl-Welles, Jacobsen, Spanel, Fairley, Haugen, Wojahn, Thibaudeau, Loveland, Bauer, Eide, B. Sheldon, McAuliffe, T. Sheldon, Heavey and Shin

Requiring health plans that cover prescription drugs to cover the cost of prescription contraceptives.

MOTIONS

On motion of Senator Thibaudeau, Substitute Senate Bill No. 5512 was substituted for Senate Bill No. 5512 and the substitute bill was placed on second reading and read the second time.

Senator Costa moved that the following amendments be considered simultaneously and be adopted:On page 4, line 1, after "plan" strike "shall contract" and insert "contracts"

On page 4, line 2, after "community." insert "If all of the providers or facilities with whom the carrier contracts within the enrollee's local community decline to participate in the provision of contraceptive health care services, the carrier shall contract with a provider or facility within the enrollee's local community that will provide such services."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Costa on page 4, lines 1 and 2, to Substitute Senate Bill No. 5512.

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

MOTION

Senator Sheahan moved that the following amendment by Senators Sheahan, Stevens, Roach, Swecker, Oke, Rossi and Zarelli be adopted:

On page 4, line 13, after "individual" insert ", employer,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Sheahan, Stevens, Roach, Swecker, Oke, Rossi and Zarelli on page 4, line 13, to Substitute Senate Bill No. 5512.

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

MOTION

On motion of Senator Costa, the rules were suspended, Engrossed Substitute Senate Bill No. 5512 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 Deccio: “Senator Costa, the conscious clause as presented by the Northwest Catholic Conference was agreed by the committee and there was no objection to the bill if the conscious clause was attached--which it was. I've just checked with the representatives of the Northwest Catholic Conference and they have not seen or do they know what is in your amendment on page 4, line 1 and page 4, line 2. Perhaps you can explain what it does and how it differs from the conscious clause that was approved by the Northwest Catholic Conference.”

Senator Costa: “Thank you, Senator Deccio and Mr. President. This was the amendment that we did adopt and again it was a clarifying amendment on behalf of Group Health. What it says, currently, the underlying conscious clause says that if a provider does not provide contraception services, due to a religious objection--conscious objection--what they can do is they can refer the patient out to another provider. Group Health's concern was that that would mean that any individual would go to any provider, including someone outside of their network. What they asked for was a clarification that indeed that referral went to someone else within the next network who provided the services and then, if in fact, there was no provider within the network providing contraceptive coverage and services, that they could then go outside of that HMO network. It's simply a clarification on behalf of the HMOs to make sure that we don't just send people outside of their network first.

Senator Deccio: “Mr. President, if I could respond. Senator Costa, you said that this amendment was adopted in committee. I don't recall that it was. If it was adopted in committee, we should not have to deal with it here. My question again is, does what you have accomplished in this amendment run counter to what the conscious clause was suppose to deal with?”

Senator Costa: “Thank you, Senator Deccio. We did adopt the conscious clause in committee. That is what I was referring to--the entire conscious clause that is within the bill. Again, this is simply--this does nothing to alter the conscious clause that is there other than to give Group Health and HMOs the right to have somebody referred to a provider within their network, instead of going outside of their network first. So, it is just for the HMOs.”

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. 5512.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5512 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 20; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Honeyford, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Stevens, Swecker, West and Zarelli - 20.

Excused: Senator Roach - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5512, 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

Senator Snyder moved that Senate Rule 15 be suspended for the day.

EDITOR'S NOTE Senate Rule 15 states: 'The Senate shall recess ninety minutes for lunch each working day.'

PARLIAMENTARY INQUIRY

Senator Johnson: “Doesn't suspension of the rules require a two-thirds vote?”

RULING BY THE PRESIDENT

President Owen: “In this particular rule, you have only required a majority.”

The President declared the question before the Senate to be the motion by Senator Snyder to suspend Senate Rule 15 for the day.

The motion carried on a rising vote and Rule 15 was suspended for the day.

PARLIAMENTARY INQUIRY

Senator McCaslin: “A parliamentary inquiry, do those Senators who have already eaten count?”

REPLY BY THE PRESIDENT

President Owen: “I'm afraid so, Senator.”

MOTION

At 12:14 p.m., on motion of Senator Betti Sheldon, the Senate recessed until 1:15 p.m..

The Senate was called to order at 1:15 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator McAuliffe, Gubernatorial Appointment No. 9018, Holly Parker Jensen, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.

APPOINTMENT OF HOLLY PARKER JENSEN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 11; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Gardner, Goings, Hale, Hargrove, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Prentice, Rasmussen, Roach, Sellar, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 38.

Absent: Senators Fairley, Fraser, Haugen, Loveland, McCaslin, Morton, Patterson, Rossi, Sheahan, West and Zarelli - 11.

MOTION

On motion of Senator Thibaudeau, Senator Fairley was excused.

MOTION

On motion of Senator Honeyford, Senators McCaslin, Morton and West were excused.

MOTION

On motion of Senator Brown, Gubernatorial Appointment No. 9079, Deborah J. Ross as Director of the Energy Facility Site Evaluation Council, was confirmed.

APPOINTMENT OF DEBORAH J. ROSS

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 3; Excused, 4. Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, Winsley and Wojahn - 42.

Absent: Senators Loveland, Patterson and Zarelli - 3.

Excused: Senators Fairley, McCaslin, Morton and West - 4.

MOTION

At 1:27 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.

The Senate was called to order at 3:07 p.m. by President Owen.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9037, Constance L. Proctor, as a member of the Board of Regents for the University of Washington, was confirmed.

APPOINTMENT OF CONSTANCE L. PROCTOR

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, 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, Wojahn and Zarelli - 46.

Absent: Senators Franklin, Sellar and Winsley - 3.

MOTION TO LIMIT DEBATE

Senator Snyder: “Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through March 17, 1999.”

The President declared the question before the Senate to be the motion by Senator Snyder to limit debate.

The motion by Senator Snyder carried and debate is limited through March 17, 1999.

SECOND READING

SENATE BILL NO. 5702, by Senators Thibaudeau and Deccio

Changing physician assistant licensing and practice requirements.

The bill was read the second time.

MOTION

Senator Benton moved that the following striking amendment by Senators Benton and Stevens be adopted:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. Podiatric physicians and surgeons are well-trained, well-educated, and required to take postgraduate training to be licensed in Washington. They are well-suited to become physician assistants. The growing older population of citizens is particularly well-served by having access to these well-trained providers. The legislature finds that by providing for the licensure and supervision of podiatric physicians and surgeons by physicians as physician assistants, the health and welfare of our citizens will be improved and access to preventative health care will be increased.

Sec. 2. RCW 18.71A.010 and 1994 sp.s. c 9 s 318 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter.

(1) "Physician assistant" means: (a) A person who is licensed by the commission to practice medicine to a limited extent only under the supervision of a physician as defined in chapter 18.71 RCW and who is academically and clinically prepared to provide health care services and perform diagnostic, therapeutic, preventative, and health maintenance services; and (b) a person who is currently licensed as a podiatric physician and surgeon as defined in chapter 18.22 RCW and who is licensed by the commission to practice medicine to a limited extent only under the supervision of a physician licensed under chapter 18.71 RCW.

(2) "Commission" means the medical quality assurance commission.

(3) "Practice medicine" has the meaning defined in RCW 18.71.011.

(4) "Secretary" means the secretary of health or the secretary's designee.

(5) "Department" means the department of health.

Sec. 3. RCW 18.71A.020 and 1998 c 132 s 14 are each amended to read as follows:

(1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the commission and ((eligibility to take)) within one year successfully take and pass an examination approved by the commission, if the examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. An interim permit may be granted by the department of health for one year provided the applicant meets all other requirements. Physician assistants licensed by the board of medical examiners, or the medical quality assurance commission as of ((June 7, 1990)) July 1, 1999, shall continue to be licensed. No additional training either academically or clinically shall be required of a person currently licensed as a podiatric physician and surgeon under chapter 18.22 RCW to become a physician assistant under this chapter.

(2)(a) The commission shall adopt rules governing the extent to which:

(i) Physician assistant students may practice medicine during training; and

(ii) Physician assistants may practice after successful completion of a physician assistant training course.

(b) Such rules shall provide:

(i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she is trained; and

(ii) That each physician assistant shall practice medicine only under the supervision and control of a physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physician or physicians at the place where services are rendered.

(3) Applicants for licensure shall file an application with the commission on a form prepared by the secretary with the approval of the commission, detailing the education, training, and experience of the physician assistant and such other information as the commission may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year shall be charged on each license renewal or issuance of a new license to be collected by the department and deposited into the impaired physician account for physician assistant participation in the impaired physician program. Each applicant shall furnish proof satisfactory to the commission of the following:

(a) That the applicant has completed an accredited physician assistant program approved by the commission, or that the applicant is licensed as a podiatric physician and surgeon under chapter 18.22 RCW, and the applicant is eligible to take the examination approved by the commission;

(b) That the applicant is of good moral character; and

(c) That the applicant is physically and mentally capable of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.

(4) The commission may approve, deny, or take other disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280. The commission may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

Sec. 4. RCW 18.71A.060 and 1994 sp.s. c 9 s 324 are each amended to read as follows:

No health care services may be performed under this chapter in any of the following areas:

(1) The measurement of the powers or range of human vision, or the determination of the accommodation and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or frames for the aid thereof.

(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training, or orthoptics.

(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.

(4) Nothing in this section shall preclude the performance of routine visual screening.

(5) The practice of dentistry or dental hygiene as defined in chapters 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030 (1) and (8), shall not apply to a physician assistant.

(6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine.

(7) The practice of podiatric medicine and surgery as defined in chapter 18.22 RCW unless the physician assistant is licensed as a podiatric physician and surgeon under chapter 18.22 RCW.

Sec. 5. RCW 18.57A.010 and 1979 c 117 s 17 are each amended to read as follows:

(1) "Osteopathic physician's assistant" means: (a) A person who has satisfactorily completed a board-approved training program designed to prepare persons to practice osteopathic medicine to a limited extent; and (b) a person who is currently licensed as a podiatric physician and surgeon as defined in chapter 18.22 RCW and who is licensed by the commission to practice medicine to a limited extent only under the supervision of an osteopathic physician licensed under chapter 18.57 RCW;

(2) "Board" means the board of osteopathic medicine and surgery; and

(3) "Practice medicine" shall have the meaning defined in RCW 18.57.001.

Sec. 6. RCW 18.57A.020 and 1998 c 132 s 13 are each amended to read as follows:

(1) The board shall adopt rules fixing the qualifications and the educational and training requirements for licensure as an osteopathic physician assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of an accredited physician assistant training program approved by the board and ((eligibility to take)) within one year successfully take and pass an examination approved by the board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. An interim permit may be granted by the department of health for one year provided the applicant meets all other requirements. Physician assistants licensed by the board of osteopathic medicine as of July 1, 1999, shall continue to be licensed. No additional training either academically or clinically shall be required of a person currently licensed as a podiatric physician and surgeon under chapter 18.22 RCW to become an osteopathic physician's assistant under this chapter.

(2)(a) The board shall adopt rules governing the extent to which:

(i) Physician assistant students may practice medicine during training; and

(ii) Physician assistants may practice after successful completion of a training course.

(b) Such rules shall provide:

(i) That the practice of an osteopathic physician assistant shall be limited to the performance of those services for which he or she is trained; and

(ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and control of an osteopathic physician licensed in this state, but such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered. The board may authorize the use of alternative supervisors who are licensed either under chapter 18.57 or 18.71 RCW.

(3) Applicants for licensure shall file an application with the board on a form prepared by the secretary with the approval of the board, detailing the education, training, and experience of the physician assistant and such other information as the board may require. The application shall be accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of twenty-five dollars per year may be charged on each license renewal or issuance of a new license to be collected by the department of health for physician assistant participation in an impaired practitioner program. Each applicant shall furnish proof satisfactory to the board of the following:

(a) That the applicant has completed an accredited physician assistant program approved by the board, or that the applicant is licensed as a podiatric physician and surgeon under chapter 18.22 RCW, and the applicant is eligible to take the examination approved by the board;

(b) That the applicant is of good moral character; and

(c) That the applicant is physically and mentally capable of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board may require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's physical and/or mental capability to safely practice as an osteopathic physician assistant.

(4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in the uniform disciplinary act, chapter 18.130 RCW. The license shall be renewed as determined under RCW 43.70.250 and 43.70.280.

Sec. 7. RCW 18.57A.060 and 1973 c 77 s 20 are each amended to read as follows:

No health care services may be performed under this chapter in any of the following areas:

(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, vision training or orthoptics.

(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.

(4) Nothing in this section shall preclude the performance of routine visual screening.

(5) The practice of dentistry or dental hygiene as defined in chapter 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030, paragraphs (1) and (8), shall not apply to a physician's assistant.

(6) The practice of chiropractic as defined in chapter 18.25 RCW including the adjustment or manipulation of the articulations of the spine.

(7) The practice of ((podiatry)) podiatric medicine and surgery as defined in chapter 18.22 RCW unless the osteopathic physician's assistant is licensed as a podiatric physician and surgeon under chapter 18.22 RCW.

Sec. 8. RCW 18.22.035 and 1990 c 147 s 6 are each amended to read as follows:

(1) A podiatric physician and surgeon is responsible for the quality of podiatric care.

(2) The practice of podiatric medicine and surgery is the diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatments of ailments of the human foot.

(3) Podiatric physicians and surgeons may issue prescriptions valid at any pharmacy for any drug, including narcotics, necessary in the practice of podiatry.

(4) Podiatrists shall not:

(a) Amputate the foot;

(b) Administer spinal anesthetic or any anesthetic that renders the patient unconscious; or

NEW SECTION. Sec. 9. A new section is added to chapter 18.71A RCW to read as follows:

From 2000 through 2004, the commission shall report to the legislature each December on the number of podiatric physicians and surgeons who apply and the number who are licensed as physician assistants.

NEW SECTION. Sec. 10. A new section is added to chapter 18.57A RCW to read as follows:

From 2000 through 2004, the board shall report to the legislature each December on the number of podiatric physicians and surgeons who apply and the number who are licensed as osteopathic physicians' assistants."

POINT OF ORDER

Senator Thibaudeau: “Mr. President, a point of order. I would ask that this amendment be considered beyond the scope and object of this bill. Currently, physicians' assistants and osteopathic physicians' assistants must be eligible to take an examination, but they are not required to take it or pass it to become licensed. This bill puts the emphasis on their taking an exam and it also requires that there be an interim permit, which would be granted by the Health Department. So, this amendment, while I understand the good Senator's intent to deal with a constituent of his, I would suggest that this particular amendment does not fit the scope and object of this bill. Thank you Mr. President.”

RULING BY THE PRESIDENT

President Owen: “In ruling upon the point of order raised by Senator Thibaudeau to the scope and object of the striking amendment by Senators Benton and Stevens to Senate Bill No. 5702, the President finds that Senate Bill No. 5702 is a measure which makes procedural changes to licensing requirements for physicians' assistants, including only (1) Requiring prospective physicians' assistants to take a licensing exam, and (2) Permitting otherwise qualified applicants to practice for one year prior to taking the exam.

“The striking amendment would define 'Physician Assistant' to include podiatrists.

“The President, therefore, finds that the striking amendment does change the scope and object of the bill and the point of order is well taken.”

The striking amendment by Senators Benton and Stevens to Senate Bill No. 5702 was ruled out of order.

MOTION

On motion of Senator Thibaudeau, the rules were suspended, Senate Bill No. 5702 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. 5702.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5702 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, 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, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Gardner - 1.

SENATE BILL NO. 5702, 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 Franklin, Senator Patterson was excused.

SECOND READING

SENATE BILL NO. 5346, by Senators Prentice, Heavey, West, Roach and Winsley

Authorizing dissemination of criminal history record information to the horse racing commission.

The bill was read the second time.

MOTION

Senator Goings moved that the following amendment be adopted:

On page 2, line 7, after "67.16 RCW." insert "The Washington state horse racing commission shall only disseminate nonconviction data obtained under this subsection to criminal justice agencies."

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Goings on page 2, line 7, to Senate Bill No. 5346.The motion by Senator Goings carried and the amendment was adopted.

MOTION

On motion of Senator Prentice, the rules were suspended, Engrossed Senate Bill No. 5346 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. 5346.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5346 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Honeyford, Horn, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Thibaudeau, West, Winsley and Wojahn - 42.

Voting nay: Senators Benton, Hargrove, Hochstatter, Swecker and Zarelli - 5.

Absent: Senator Johnson - 1.

Excused: Senator Patterson - 1.

ENGROSSED SENATE BILL NO. 5346, 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. 5134, by Senators Wojahn, Long, Patterson, Roach, Costa, Thibaudeau, Goings, McAuliffe, Kline, Brown, McCaslin, Heavey, Johnson, Prentice, Snyder and Kohl-Welles

Removing barriers faced by persons entitled to a foreign protection order.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5134 was substituted for Senate Bill No. 5134 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Heavey, the rules were suspended, Substitute Senate Bill No. 5134 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. 5134.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5134 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Patterson - 1.

SUBSTITUTE SENATE BILL NO. 5134, 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. 5789, by Senators Bauer, West, Kohl-Welles, McAuliffe, Eide, Sheahan, Rossi, Rasmussen, Honeyford, Franklin, Patterson, Wojahn, Thibaudeau, Prentice, Jacobsen and Fraser

Creating the K-20 educational network board.

The bill was read the second time.

MOTION

Senator Bauer moved that the following amendment be adopted: On page 2, line 27, delete "friends of higher education" and insert "Washington association of independent colleges and universities"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Bauer on page 2, line 27, to Senate Bill No. 5789.

The motion by Senator Bauer carried and the amendment was adopted.

MOTION

Senator Bauer moved that the following amendment be adopted:

On page 3, line 9, delete "prioritization of programming within limited resources;"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Bauer on page 3, line 9, to Senate Bill No. 5789.

The motion by Senator Bauer carried and the amendment was adopted.

MOTION

Senator Bauer moved that the following amendment be adopted:

On page 3, delete lines 17 and 18, and insert "funding requested for network transport and equipment, hardware or software specific to the use of the network, and proposed new network end site;"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Bauer on page 3, lines 17 and 18, to Senate Bill No. 5789.

The motion by Senator Bauer carried and the amendment was adopted.

MOTION

On motion of Senator Kohl-Welles, the rules were suspended, Engrossed Senate Bill No. 5789 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. 5789.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5789 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Patterson - 1.

ENGROSSED SENATE BILL NO. 5789, 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. 5606, by Senators Heavey and McCaslin (by request of Environmental Hearings Office)

Providing procedures for discipline and termination of administrative appeals judges in the environmental hearings office.

The bill was read the second time.

MOTION

On motion of Senator Heavey, the rules were suspended, Senate Bill No. 5606 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. 5606.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5606 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 2; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Haugen, Heavey, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.

Voting nay: Senator Hargrove - 1.

Absent: Senators Loveland and Wojahn - 2.

Excused: Senator Patterson - 1.

SENATE BILL NO. 5606, 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. 5509, by Senators Kline, Jacobsen, Heavey, Horn, Finkbeiner, Patterson, Franklin, Fairley, Prentice, Hochstatter, Bauer, Gardner, Costa, Eide, McDonald, B. Sheldon, Goings, McAuliffe, Kohl-Welles, Rasmussen and Oke

Creating the Holocaust victims insurance relief act.

MOTIONS

On motion of Senator Goings, Substitute Senate Bill No. 5509 was substituted for Senate Bill No. 5509 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5509 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 Rossi: “Senator Benton, if a domestic insurer only sold insurance in the United States between 1920 and 1945, but had a reinsurance contract as a policy holder at that time with a European company or subsidiary, which did business in Europe, would this bill apply to the domestic insurer?”

Senator Benton: “The answer, Senator Rossi, is 'no.' This is not intended to apply to companies that only had--that acted as a policy holder for the purpose of purchasing reinsurance. They would be customers just like you or I. If they bought a reinsurance contract from a company--and many companies did--they bought Lloyds of London or some other European company. They bought insurance themselves; it is called reinsurance to protect their policy holders. It was solely a business relationship where they were a customer and they bought insurance from another company. No, this legislation is not intended to affect those types of relationships at all, where the domestic company was simply a customer of another company.”

Further debate ensued.

MOTION

On motion of Senator Sheahan, Senator Honeyford was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5509.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5509 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Excused: Senator Honeyford - 1.

SUBSTITUTE SENATE BILL NO. 5509, 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 Franklin, Senators Snyder and Spanel were excused.

SECOND READING

SENATE BILL NO. 5659, by Senators Heavey, Roach, Kline, Johnson, Costa and Thibaudeau

Changing provisions relating to mandatory arbitration of civil actions.

MOTIONS

On motion of Senator Heavey, Substitute Senate Bill No. 5659 was substituted for Senate Bill No. 5659 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Kline, the following amendment by Senators Kline and Johnson was adopted:On page 3, line 2, after "trial de novo" insert "if the withdrawal is not requested in conjunction with the acceptance of an offer of compromise"

MOTION

On motion of Senator Heavey, the rules were suspended, Engrossed Substitute Senate Bill No. 5659 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. 5659.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5659 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 1; Excused, 2.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hargrove, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Sheahan, Sheldon, B., Shin, Thibaudeau, Winsley, Wojahn and Zarelli - 32.

Voting nay: Senators Hale, Haugen, Honeyford, Horn, McDonald, Morton, Oke, Rasmussen, Rossi, Sellar, Sheldon, T., Stevens, Swecker and West - 14.

Absent: Senator Roach - 1.

Excused: Senators Snyder and Spanel - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5659, 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. 5564, by Senators Gardner, Winsley, Spanel and Loveland

Taxation of park trailers and travel trailers.

The bill was read the second time.

MOTION

On motion of Senator Gardner, the rules were suspended, Senate Bill No. 5564 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF ORDER

Senator Finkbeiner: “I'm rising to a point of order. I am wondering if this bill will require a two-thirds majority since it is raising a tax? My understanding is that requires a two-thirds vote. Is that correct?”

Debate ensued.

RULING BY THE PRESIDENT

President Owen: “Based on the President's prior rulings considering the application of Initiative 601 on revenue raising increases, the President finds that the passage of Senate Bill No. 5564 requires a two-thirds majority.”

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5564.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 5564 and the bill failed to receive the constitutionally two-thirds majority by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Rasmussen, Sellar, Sheldon, B., Sheldon, T., Shin, Spanel, Thibaudeau, Winsley and Wojahn - 31.

Voting nay: Senators Benton, Deccio, Finkbeiner, Goings, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Roach, Rossi, Sheahan, Snyder, Stevens, Swecker, West and Zarelli - 18.

SENATE BILL NO. 5564, having failed to receive the constitutional two-thirds majority, was declared lost.

SECOND READING

SENATE BILL NO. 5148, by Senators B. Sheldon, Morton and Fraser (by request of Department of Ecology)

Changing permit assistance center provisions.

MOTIONS

On motion of Senator Fraser, Substitute Senate Bill No. 5148 was substituted for Senate Bill No. 5148 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5148 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. 5148.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5148 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 48.

Absent: Senator Snyder - 1.

SUBSTITUTE SENATE BILL NO. 5148, 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. 5277, by Senators Kohl-Welles, Hale, Shin, Brown, Patterson, Finkbeiner, Eide, Bauer, Swecker, Rasmussen, Sellar, Prentice and Winsley

Creating the Washington fund for student child care in higher education.

MOTIONS

On motion of Senator Kohl-Welles, 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 Kohl-Welles, 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.

Debate ensued.

MOTION

On motion of Senator Prentice, Senator Snyder was excused.

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, 45; Nays, 3; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McDonald, Morton, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Wojahn - 45.

Voting nay: Senators Honeyford, McCaslin and Zarelli - 3.

Excused: Senator Snyder - 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. 5328, by Senators Morton, Hargrove, Sellar, Deccio, Swecker and Oke

Exempting certain commercial guiding and outfitting operations from the leasehold tax.

MOTIONS

On motion of Senator Morton, Substitute Senate Bill No. 5328 was substituted for Senate Bill No. 5328 and the substitute bill was placed on second reading and read the second time.

On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5328 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. 5328.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5328 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Bauer, Benton, Brown, 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, Patterson, Rasmussen, Roach, Rossi, Sellar, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47.

Absent: Senator Prentice - 1.

Excused: Senator Snyder - 1.

SUBSTITUTE SENATE BILL NO. 5328, 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. 5669, by Senators Snyder and Brown

Regulating conversion vending units and medical units.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 5669 was substituted for Senate Bill No. 5669 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. 5669 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. 5669.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5669 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

SUBSTITUTE SENATE BILL NO. 5669, 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.

NOTICE FOR RECONSIDERATION

Having voted on the prevailing side, Senator Snyder served notice that he would move to reconsider the vote by which Senate Bill No. 5564 failed to pass the Senate earlier today.

SECOND READING

SENATE BILL NO. 5363, by Senators Fairley, Winsley, Patterson, Franklin, Fraser, Snyder, Spanel, West, McAuliffe, Roach, Costa and Kohl-Welles (by request of Governor Locke)

Enacting the civil service reform act of 1999.

MOTIONS

On motion of Senator Fairley, Substitute Senate Bill No. 5363 was substituted for Senate Bill No. 5363 and the substitute bill was placed on second reading and read the second time.

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

On page 11, line 5, after "employee" insert "according to performance, and without regard to seniority"

On page 64, after line 11, insert the following:

"(4) The employer and the exclusive bargaining representative shall not bargain over rules or standards relating to the reduction, dismissal, suspension, or demotion of employees."

Renumber remaining subsections consecutively and correct any internal references accordingly.

Debate ensued.

Senator Johnson 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 amendments by Senator Hale on page 11, line 5, and page 64, after line 11, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 18; Nays, 30; Absent, 1; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheldon, T., Swecker and Zarelli - 18.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 30.

Absent: Senator Stevens - 1.

MOTION

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

On page 11, line 17, after "vacancies" insert ", with the number of names equal to six more names than there are vacancies to be filled"

On page 63, line 36, after "include" strike "the number of names to be certified for vacancies,"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Horn on page 11, line 17, and page 63, line 36, to Substitute Senate Bill No. 5363.

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

MOTION

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

On page 14, after line 15, strike all material through "section." on page 15, line 2

On page 64, after line 27, strike all material through "act." on line 29

On page 78, after line 5, strike all material through line 11

Renumber the sections consecutively and correct any internal references accordingly.

The President declared the question before the Senate to be the adoption of the amendments by Senator West on page 14, after line 15; page 64, after line 27; and page 78, after line 5; to Substitute Senate Bill No. 5363.

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

MOTION

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

On page 14, line 26, after "(3)" strike everything through "section." on page 15, line 2, and insert the following: "Nothing in this act shall be interpreted as meaning that the decision to contract out for services shall be subject to collective bargaining."

On page 64, after line 27, strike all material through "act." on line 29

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 14, line 26, and page 64, after line 27, to Substitute Senate Bill No. 5363.

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

MOTION

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

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

"(4) Nothing in this act shall be interpreted as meaning that the decision to contract out for services shall be subject to collective bargaining."

On page 64, after line 27, strike all material through "act." on line 29

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendments by Senator Hochstatter on page 15, after line 2, and page 64, after line 27, to Substitute Senate Bill No. 5363.

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

MOTION

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

On page 62, line 28, after "legislature" strike "shall" and insert "may"

On page 62, line 29, after "whole" insert ", or may amend the request for funds as the legislature sees fit"

On page 62, line 32, after "act." insert "However, if the legislature amends and approves the submission, neither party may reopen any part of the agreement nor may either party implement procedures provided for in section 310 of this act."

Debate ensued.

Senator Finkbeiner 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 amendments by Senator Johnson on page 62, lines 28, 29 and 32, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheldon, T., Stevens, Swecker and Zarelli - 19.

MOTION

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

On page 65, line 15, after "may" strike everything through "date." on line 18, and insert "not be any earlier than the date on which the negotiations on the new agreement are concluded or the date on which the funding to implement the agreement is approved by the legislature, whichever is later."

On page 65, line 24, after "may" strike everything through "date." on line 28, and insert "not be any earlier than the date on which the negotiations on the new agreement are concluded or the date on which the funding to implement the agreement is approved by the legislature, whichever is later."

Debate ensued.

Senator Finkbeiner 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 amendments by Senator McDonald on page 65, lines 15 and 24, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 20; Nays, 29; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Roach, Rossi, Sellar, Sheldon, T., Stevens, Swecker and Zarelli - 20.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheahan, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, West, Winsley and Wojahn - 29.

MOTION

Senator Rossi moved that the following amendment be adopted:

On page 66, after line 11, strike all material through "duties." on line 15, and insert the following:

NEW SECTION. Sec. 307. Strikes by state employees are prohibited. No employee of any state agency, department, or institution of higher education may strike or refuse to perform his or her official duties.

NEW SECTION. Sec. 308. An employee organization that initiates or continues a strike is subject to a fine of five thousand dollars for each day that the strike is in effect."

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 amendment by Senator Rossi on page 66, line 11, to Substitute Senate Bill No. 5363.

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

MOTION

Senator McDonald moved that the following amendment be adopted:

On page 66, after line 11, strike all material through "duties." on line 15, and insert the following:

"NEW SECTION. Sec. 307. Strikes by state employees are prohibited. No employee of any state agency, department, or institution of higher education may strike or refuse to perform his or her official duties."

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator McDonald on page 66, after line 11, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 21.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

MOTION

Senator McDonald moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by employees of the division of drinking water within the department of health are prohibited. No employee of the division of drinking water within the department of health may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the adoption of the amendment by Senator McDonald on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

MOTION

Senator Honeyford moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by employees of the division of epidemiology, health statistics and public health laboratories within the department of health are prohibited. No employee of the division of epidemiology, health statistics and public health laboratories may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Honeyford on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0. Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 21.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 28.

MOTION

Senator Benton moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by employees of the aging and adult services administration within the department of social and health services are prohibited. No employee of the aging and adult services administration within the department of social and health services may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Benton on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Long, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 30.

MOTION

Senator Zarelli moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by employees of the division of child support within the department of social and health services are prohibited. No employee of the division of child support within the department of social and health services may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Zarelli on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

MOTION

On motion of Senator Hale, Senator Long was excused.

MOTION

Senator Stevens moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by employees of the children's administration within the department of social and health services are prohibited. No employee of the children's administration within the department of social and health services may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Stevens on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

Voting nay: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, McCaslin, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 29.

Excused: Senator Long - 1.

MOTION

Senator Deccio moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by department of corrections employees are prohibited. No employee of the department of corrections may strike or refuse to perform his or her official duties."

Renumber the sections consecutively and correct any internal references accordingly.

Debate ensued.

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

The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Deccio on page 66, after line 15, to Substitute Senate Bill No. 5363.

ROLL CALL

The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.

Voting yea: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 19.

Excused: Senator Long - 1.

MOTION

Senator Deccio moved that the following amendment be adopted:

On page 66, after line 15, insert the following:

"NEW SECTION. Sec. 308. Strikes by division of emergency management employees are prohibited. No employee of the division of emergency management may strike or refuse to perform his or her official duties."

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 amendment by Senator Deccio on page 66, after line 15, to Substitute Senate Bill No. 5363.

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

MOTION

Senator Tim Sheldon moved that the following amendment by Senators Tim Sheldon, McDonald and McCaslin be adopted:

On page 69, line 13, after "(1)" strike all text through line 15 on page 70, and insert: "A collective bargaining agreement may not contain a union security provision requiring as a condition of employment the payment of an agency shop fee to the employee organization that is the exclusive bargaining representative for the bargaining unit in which the employee is employed. A collective bargaining agreement may not require any other fees or payments as a condition of employment."

Correct any internal references accordingly.

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon, McDonald and McCaslin on page 69, after line 13, to Substitute Senate Bill No. 5363.

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

MOTION

Senator Hochstatter moved that the following amendment be adopted:

On page 80, line 9, after "Sections" strike all material through "403" and insert "235 through 239"

Debate ensued.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hochstatter on page 80, line 9, to Substitute Senate Bill No. 5363.

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

MOTION

On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 5363 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. 5363.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 5363 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

Voting yea: Senators Bauer, Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl-Welles, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Roach, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Wojahn - 29.

Voting nay: Senators Benton, Deccio, Finkbeiner, Hale, Hochstatter, Honeyford, Horn, Johnson, McCaslin, McDonald, Morton, Oke, Rossi, Sellar, Sheahan, Sheldon, T., Stevens, West and Zarelli - 19.

Excused: Senator Long - 1.

SUBSTITUTE SENATE BILL NO. 5363, 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 Kohl-Welles: “I rise for a point of personal privilege. I would like to commend somebody on the Senate floor. Senator Alex Deccio, a few days ago, introduced Senate Joint Resolution No. 8209. I feel very profoundly pleased that he took a very courageous stand with regard to the salaries of state legislators. I believe that he has taken a lot of heat about this, but I honestly wish that I would have signed on to this measure. I got distracted and didn't do it; I commend Senator Deccio. I believe he had all legislators in mind, as well as the state of Washington, so that we can have the best people serving in our Legislature and who are paid decently. I would like to personally commend Senator Alex Deccio.”

MOTION

At 6:45 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 8:30 a.m., Wednesday, March 10, 1999.

BRAD OWEN, President of the Senate

TONY M. COOK, Secretary of the Senate